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Change of Status from H4 to H1--Urgent!!!!

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  • Change of Status from H4 to H1--Urgent!!!!

    Hi....

    I am new to the forum
    Please let me know if you have answer for my dilemma...

    If my H1 application is picked up in lottery, I wants to
    enter the U.S as a dependant and later, after reaching the U.S apply for
    the
    Change of Status to H1 while in U.S (To avoid the risk in stamping).
    The question is:

    I can enter the U.S as dependant only before October or I can enter as
    dependant even after the actual stamping process starts ?( i.e after
    October )or i have to get stamped in India and then only go to U.S if I am going after October?

  • #2
    I am new to the forum
    Please let me know if you have answer for my dilemma...

    If my H1 application is picked up in lottery, I wants to
    enter the U.S as a dependant and later, after reaching the U.S apply for
    the
    Change of Status to H1 while in U.S (To avoid the risk in stamping).
    The question is:

    I can enter the U.S as dependant only before October or I can enter as
    dependant even after the actual stamping process starts ?( i.e after
    October )or i have to get stamped in India and then only go to U.S if I am going after October?

    ---- If you have a H4 visa stamp, you can enter US at any time
    ---- If your H1 is approved you can apply for a COS from H4 to H1 while in the US. It takes 3-4 months for approval
    ---- If you apply for a COS after Oct.1, you have to wait till the approval is complete and you get the approval notice before you join the employer on H1

    Subramanya

    Comment


    • #3
      Thank you Sir

      My problem is that once my application for H1 is approved, I wanted to apply for H4 and travel to US and then apply for COS in US. But I heard that when i apply for H4 my H1 petition will be cancelled.
      I wanted to clarify this.

      Comment


      • #4
        My problem is that once my application for H1 is approved, I wanted to apply for H4 and travel to US and then apply for COS in US. But I heard that when i apply for H4 my H1 petition will be cancelled.
        I wanted to clarify this.

        ---- This is pure speculation. The H1 petition once approved is never cancelled unless the VO or USCIS take some steps to not approve the visa or USCIS reviews the petition and reverses its decision

        Subramanya

        Comment

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