H4 to H1

[tejasridevi]

Hi all,

First of all thanks for the reply.

I have few more doubts I searched in FAQs but couldnot get the proper answer.


1.My employer applied my H1 FY2010 (without cos from H4 to H1), he told me that he is going to apply as cos after I get my approval in that way I will not be out of status from H4, if by chance I did not get my approval,is it true.

2.He also told me that if they apply my H1 with cos I have to leave the country for stamping after the approval notice.

3.He told me that I can apply the cos after I get a project until then I can stay on H4,I don't understand. Can any please clear my doubts.

I worked for him volunteerly(not getting paid) so that I can get an experience is it illegal to work for him.


Thanks in Advance.

[arajesh19]

Hi all,

First of all thanks for the reply.

I have few more doubts I searched in FAQs but couldnot get the proper answer.


1.My employer applied my H1 FY2010 (without cos from H4 to H1), he told me that he is going to apply as cos after I get my approval in that way I will not be out of status from H4, if by chance I did not get my approval,is it true.

--- If your H1b filing gets rejected, then yes you automatically fall back on your existing H4. As your employer has filed for an H1 without COS that means, the approved petition (if approved) will not have an I-94 attached to it. This means you continue to be on H4 until you leave the country and get the H1 stamping done. This further implies your start date on H1 will not be Oct 1, 2009 and your employer can avoid paying you while on bench if there is no work for you. Seniors, please correct if there is an error.

2.He also told me that if they apply my H1 with cos I have to leave the country for stamping after the approval notice.

--- As I understand, if the H1 is filed for FY2010 without a COS, then you will have to leave the US for H1 stamping. I don't know if once the H1 is approved without an I-94, that a COS can be filed so that you get a new petition with an I-94. You should wait for the seniors to respond to this.

3.He told me that I can apply the cos after I get a project until then I can stay on H4,I don't understand. Can any please clear my doubts.

--- Check answers 1 and 2 and wait for the seniors to respond. Better yet, consult an attorney.

I worked for him volunteerly(not getting paid) so that I can get an experience is it illegal to work for him.


Thanks in Advance.

Good luck
Rajesh

[txh1b]

Your employer can file an amendment to COS after you get the approval or you can get a visa stamp.

[tejasridevi]

cos (h4 to h1)

Hello all

Thanks for quick reply Rajesh and txh1b.

I have one more question what is the time frame my employer can file an amendment to my COS after the h1b approval notice and how long will it take to get my I-94 after filing.


Teja.