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  • H1 -> h4 -> h1

    I converted from H1B to H4 using Change of Status form i539 in January 2009. Recently I received a job offer who is willing to sponsor H1 for me.

    What is the process to change status from H4 to H1 and what are the documents required? Are there two separate applications, one for H1B and the other for Change of Status from H4 to H1 that I need to file? If yes, do I need to first file for H1B and once approved, then apply for Change of Status H4 to H1B using i539, or can I file both applications for H1B and COS together?

    Also I read in the forums that it is advised to include client/vendor letters along with the application. Most of the letters I found online are assuming the person is already working and states that "I certify so and so is working with us ...". In my case as I will be working only upon H1B approval, what should be the format of client/vendor letters?

    Thanks in advance.

  • #2
    I converted from H1B to H4 using Change of Status form i539 in January 2009. Recently I received a job offer who is willing to sponsor H1 for me.

    What is the process to change status from H4 to H1 and what are the documents required? Are there two separate applications, one for H1B and the other for Change of Status from H4 to H1 that I need to file? If yes, do I need to first file for H1B and once approved, then apply for Change of Status H4 to H1B using i539, or can I file both applications for H1B and COS together?

    >>>> They are the same. Your employer need to file new H1B petition with the COS from H4. You need to provide the same set of documents that you submitted for the 1st time H1B (Your employer should be able to tell you the exact list of docs that they need from you). In addition, give your new employer a copy of your previous H1B approval notice to prove that you are already CAP counted.

    Also I read in the forums that it is advised to include client/vendor letters along with the application. Most of the letters I found online are assuming the person is already working and states that "I certify so and so is working with us ...". In my case as I will be working only upon H1B approval, what should be the format of client/vendor letters?

    >>>> The format doesn't matter. This is just to prove that you really have a project in hand. Any letter from the client in their letter head stating that you will be working for them (including your full name, the work that you will be performing, hours/week and the duration of the project) should be good.

    Thanks in advance.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      shervin143: Thanks for the prompt feedback.

      When you say both (applying for H1 and COS from H4 to H1B) are same, which form do I need to submit? I see that one has to file i-129 for H1B and i-539 for COS, so do I need to file both forms at the same time?

      Also I understand that the client letter format doesn't matter, I already got the letters from the client/vendor which states that "I certify that so and so is working..." probably due to the copy and paste error, I can request them new ones that states "I certify that so and so will be working..." but as it already took me some time to get the letters, I don't want to waste too much time if it is OK to submit the letters I got or should I request the new ones just in case to clear the ambiguity.

      Thanks in advance.

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      • #4
        For a H1b, COS or regular, form is I129 and employer has to submit it. COS will be an amendment with the right check boxes marked on the form.

        I539 will not work for COS to H1b.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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