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  • h4 to h1 change of status

    Hi,

    Even though I have a h4 visa which is valid through September 30th, 2010. I have never been in USA till now. I have applied h1 from India itself on April 1, 2008. I am still in India. The USCIS picked my application and sent the LIN number.
    The question is "Can I come to USA right away and apply COS before getting the h1 approval?". So that I can start working from October, 2008 without going for visa stamping in India/Mexico. What will be the possible solution or way to avoid Chennai visa interview and the approval of Change of Status?

    All inputs are really appreciated.

  • #2
    Yes, you can enter on H4, once the H1b is approved, apply for amendment to change status to H1. You can only work after the COS is approved or Oct 1st whichever happers to be later.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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