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h4 to h1.. plz help

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  • h4 to h1.. plz help

    Hello everyone,
    I am currently on h4 and i came to know from my employer that my h1 got approved and is effective from oct 1 2009. He said that he did not receive all the documents from uscis yet. I want to know what are the documents which i should look for, I am not sure if he applied for change of status from h4 to h1 and also what is the procedure which follows after receiving the documents.

    I received my I94 extension for h4 till oct 2012 , so I want to know if I could go to India and come back on h4 stamped and then start working on h1. will there be a problem?


    Thanks in advance

  • #2
    You need to get I-797 from your employer.
    Also look at other docs here: https://www.immihelp.com/h1-visa-stamping-documents/

    You need to check with your employer if it's H1 with change of status from your current H4. If so, you're already on H1.

    You can go back to India and return on H1 or H4.
    If you come on H4, you can change status to H1 when you get project.

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    • #3
      I am currently on h4 and i came to know from my employer that my h1 got approved and is effective from oct 1 2009. He said that he did not receive all the documents from uscis yet. I want to know what are the documents which i should look for, I am not sure if he applied for change of status from h4 to h1 and also what is the procedure which follows after receiving the documents.

      >>>>> Ask your employer to send you the approval notice. If your approval notice is I-797 A (that comes with new I-94), then your COS to H1B is approved along with the petition and you are in H1B starting Oct 1st.

      If it is I-797 B, then it is just the H1B petition that got approved and you are still in H4. You can continue to be in H4 and do a COS later to H1B when there is a project.



      I received my I94 extension for h4 till oct 2012 , so I want to know if I could go to India and come back on h4 stamped and then start working on h1. will there be a problem?

      >>>>> You can do that. When you decide to work on H1b, you need to apply H4 to H1B COS.
      Not a legal advice. Use of this information is strictly at your own risk.

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