H4 to H1

[ashapai1982]

My H1 got picked in the lottery this year April 2008. I am in the US on H4 and my status online says case received and pending for I-129. So after I get an approval ( hopefully) can I start working from October 2008 straight away. Will my H4 become void automatically?


Thanks

[txh1b]

If COS is approved, you HAVE TO work from Oct 1st, get paid all the time on H1b and have no choice. The H4 status is void but not the visa.

[txh1b]

What about the F1 post? Was that for your sister?

[ashapai1982]

My husbands H1 expires October 1st 2008. His company is going to file for his visa extension and also my H4 extension now. Would it be ok for me to apply for my H4 extension before getting my H1 approval.

[ashapai1982]

Yup.. for my sister.. wrote on her behalf..

[DMX17]

Why do you want to apply for an H4 extension? You are covered till Oct 1st based on your current I-94, correct?

Come Oct 1st, your status changes to H1 once the H1 with COS is approved. You don't need to apply for H4 extension if you want to work on H1.

[ashapai1982]

Sorry if I sound ignorant..just wanted to clarify my employer filed for I-129 so if it gets approved my status automatically changes on oct 1st dun need to file for any change of status I-539 forms right?

[DMX17]

Sorry if I sound ignorant..just wanted to clarify my employer filed for I-129 so if it gets approved my status automatically changes on oct 1st dun need to file for any change of status I-539 forms right?

The employer can request a Change of Status on I-129 when the COS is to H1. No need to file I-539 separately in this case.

[DMX17]

You need to ask your employer whether he/she/they applied for a COS along with H1. If yes and the H1+COS is approved, your status changes to H1 on Oct 1st.