H4 to H1 - Change of status

[priyasaibaba]

Hi,

While I was working in US on a L1 visa, I applied for H1 and got the petition approved in Oct 2008. Due to recession I continued to work on the L1 visa and did not find a new job on H1.

I went back to India in June 2009, got married in Nov 2009 and came to US on H4 visa.

1) Can I use the old H1 that I got in 2008 or should I file a new H1 in Apr 2010?

2) If I can use the old H1, is applying for change of status enough? I read somewhere that I have get the H1 visa stamped on my passport, since I left the country (US) after my H1 petition was approved.
Note : I don't have the H1 visa stamped on my passport. I only have the petition approved.

3) How long would it normally take for COS to be approved? Can I start looking for jobs while I'm on H4 or should I wait until my COS is approved?

Appreciate your help!!!

Thanks

[txh1b]

Did you read the FAQs? If not, please go through them and post any questions after a quick read.

[priyasaibaba]

Thanks for your quick reply.

After reading the FAQ's, I understand that I can use the old H1 that I got in 2008. Looks like I don't have to apply for a new H1.

Can you pls answer the questions 2 and 3? I'm not sure about them.

Thanks.

[shervin143]

2) If I can use the old H1, is applying for change of status enough? I read somewhere that I have get the H1 visa stamped on my passport, since I left the country (US) after my H1 petition was approved.
Note : I don't have the H1 visa stamped on my passport. I only have the petition approved.
>>> No need for the visa if your COS to H1B gets approved (Meaning: if the approval comes with a new I-94). You will need to get it stamped only when you go out of the country.

3) How long would it normally take for COS to be approved? Can I start looking for jobs while I'm on H4 or should I wait until my COS is approved?
>>> Usually 2-3 months by normal process and 15 days by premium process. You can look for jobs in H4. However you cannot work on H4. You need to wait for the COS to get approved.