H4 to H1 status..i am US now

[shilpaR]

Hi,
I have applied for H1 for this year quota (april 2008) and got h1 approval notice in may 2008. My husband is already on H1 and was in USA from first quarter of this year 2008.I came to USA on first week of september on h4 status.I was said from my employer that my H1 will be effective from October 1,2008.I went to take SSN and they said that they need I-797 with I-94 printed.
When i got approval notice i was in india.I came here on h4 status and I-94 is on H4 status.
So please tell me what are the opinions for me to get H1 in active and SSN so that i can work in USA legally.

Will my h4 status will be active from october 1,2008?
how is the option of going to mexico/canada? what will they ask usually?

Thanks
Shilpa

[kalyanverma]

Hi Shilpa,

The SSA will not accept your application without an H1 I 94. They refused because you have H4 I 94. Since you got your approval when you were in India, you should have gone for an H1 Visa interview there instead on H4.

Anyways, now that you are in the USA, you have 2 options to get a H1 I94.

1. Apply for a Change of Status (COS). This would typically take 4-12 weeks. Ask your employer.

[OR]

2. Go to a US Consulate outside of US and get your H1 stamped. Since its your first time H1B, i would recommend you to go to your country of Citizenship (India). You can attend any consulate in India. Just select "Indian Citizen residing in US" while applying for a Visa Interview.

Regards,
Kalyan

[shilpaR]

H4 to H1 status..i am in usa now

Thanks Kalyan.
I am thinking to go to either Canada or Mexico.
What will be the chances of getting H1 stamped in canada/mexico.
second option Does it really works if i apply for COS and comes with in few weeks.

thanks
Shilpa

[C4us]

If your degrees are NOT from the US, you should go to India because you are likely to be redirected there or stuck in Canada if your H4 is voided during your appearance for H1B.

[kalyanverma]

That is correct. There is a risk if you dont have a US degree. COS does take some time. Its also like a Visa interview. There are rejections in COS too.

[shilpaR]

H4 to H1 status..i am in usa now

Hi,
thanks for the reply.
If suppose, i went to canada/mexico and if they reject my H1 visa.. will it effect my h4 status and cannot come back to usa on h4 status?

Thanks
Shilpa

[C4us]

They mau or may not void your H4 stamping. Take your H4 supporting documents in case you need to show they still apply.

[h1bb88]

why take the headache of h1 interview now. just do a COS and continue