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  • Cos

    How can I request for COS from H4 to H1? How much time its going to take to get it sanctioned?

  • #2
    Do you already have an approved I797? H4 to H1b COS is done by the employer filing an amendment using form I129. Look at the processing dates on your service center for this form.

    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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    • #3
      Cos

      Thanks. I have I797 with me. Visa stamping interview is scheduled on July 17. But am supposed to start my work from July 1. I am starting my orientation training in 3 days.

      I will contact the HRD in this case. Thanks for your suggestions & advices in this forum.

      Comment


      • #4
        Originally posted by vbpraveenk
        Thanks. I have I797 with me. Visa stamping interview is scheduled on July 17. But am supposed to start my work from July 1. I am starting my orientation training in 3 days.
        You cannot work/get training on H4 as H4 does not allow employment. First get your status changed to H1 and then start working/training.

        Is this your first time H1? If yes, you cannot work until Oct 1st.
        Check out H1 FAQs first!
        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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        • #5
          You have to wait for the COS to be approved first before you can begin any work. How did the HR folks even give you a start date without confirming this and the H1b transfer/COS?

          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.

          Comment


          • #6
            Cos

            How much time it takes for COS transfer?

            Comment


            • #7
              It could be as little as 15 days if you request premium processing by paying an extra $1000. If not, 2-6 months is my guess.
              Check out H1 FAQs first!
              http://www.immihelp.com/visas/h1b/h1-visa-faq.html

              Comment


              • #8
                Cos

                Thanks. My HRD replied to me as
                'Your H-1B has been already requested as a change of status'.

                I hope it is okay then.

                Comment


                • #9
                  Originally posted by vbpraveenk
                  I hope it is okay then.
                  No because you have to wait till it gets approved to start working.

                  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.

                  Comment


                  • #10
                    Your new H1 starts from Oct1st right. Even if your H1B COS is approved, your start date cannot be before Oct1st.
                    Am I missing something here?
                    N400 Application details
                    Added in the citizenship tracker app(06/25/09 - 11/13/09)

                    Comment


                    • #11
                      Originally posted by helpwithh1
                      Am I missing something here?
                      The H1b could be from the previous year as well.

                      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.

                      Comment


                      • #12
                        Cos

                        My H1 has notice dated March 14,2008. I recieved the original in 3rd week March.

                        We start our residency by July 1, 2008. Starting date is not always October.

                        Comment


                        • #13
                          Originally posted by vbpraveenk
                          My H1 has notice dated March 14,2008. I recieved the original in 3rd week March.

                          We start our residency by July 1, 2008. Starting date is not always October.
                          Because you are cap-exempt due to you starting work in a hospital and are not subject to yearly quotas. No work without approval. You probably should upgrade to premium processing for quicker approval to coincide with your residency. Also, many hospitals do not let a person start without having the original SSN in hand for background checks etc.

                          What original did you get in 3rd week of March?
                          Last edited by txh1b; 06-13-2008, 10:07 PM.

                          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.

                          Comment


                          • #14
                            Cos

                            I-797A is dated on March 14.

                            Its mentioned as "The above petition and change of status is approved". Should I do anything at this stage.

                            My wife had started her residency last year without SSN, but it was a fresh H1B[not transfer].

                            Comment


                            • #15
                              You are good to go. This is a wasted discussion. Had you told this fact that you have a I797A in the very post, this would not have existed. Did you not see the text on your I797a when you posted the first post?

                              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.

                              Comment

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