How to apply for Change of Status

[sumsriva]

I have to apply for a Change of Status(H4 to H1) for my wife. I was unaware of this process, until i went to file for her SSN.

I was surprised to know that her Approved I797 and I94(with existing H4) were not valid for filing a new SSN.

Can someone please guide me with the process?
Also, how long does the whole process takes? Any idea?

Thanks,
Sumit

[shervin143]

First of all, you cannot file a COS from H4 to H1B on your own. H1B is an employer's petition. She (your wife) need to find an employer who is ready to offer her a job and apply for the H1B. If she was never on H1B before, then they can apply only a fresh H1b in the month of April and can work from Oct 1st (If approved).

You cannot file SSN for dependents (H4). Dependents cannot work and cannot file taxes. So no SSN.

[sumsriva]

Thanks for your response.

She is in country since May'09 and She received her H1 approval in Dec'09.
She is looking for projects and thats the reason why went for applying a SSN for her.

If i understand you correctly, her employer has to file for a Change of Status?

Please confirm.

[shervin143]

I am not clear here. Are you saying that she came to U.S on H4 in the month of May '09 and then got the status changed to H1b in Dec '09? Or that, the H1b got approved as a consular process (No new I-94, which means she is till on H4)? If she is still on H4, then her employer need to apply for COS to H1B. Until then, you cannot apply for SSN.

[sumsriva]

Hello,

Sorry to confuse you - Actually, you can disregard the previous conversation.

I have another question, although its on the same lines.

Background: My wife came to US in May'09 on H4 - She filed for an H1 after coming here and we received the approval in Dec'09.

Now, she has to get her VISA stamped - What do you recommend going to Canada and getting it stamped or traveling to India would be a better bet?

Please suggest..

Thanks,
Sumit

[sk4ih]

As already in US, she doesn't need visa to work on H1.

If you're planning to travel to India, you can get visa before returning to US.
Else, you can also apply from Canada/Mexico.

[shervin143]

Was the approval a COS or a Consular Process? Did the approval come with a new I-94. If yes, then she is already in H1B status and she can start working without having to go for stamping (In this case, if she is not working and getting paid, then she is out of status). If it was a consular process (The approval came without a new I-94), then she need to get the visa stamped and re-enter in H1B visa before she can work or her employer need to apply for a COS. If this is her first time H1B stamping, then she need to get it stamped in her home country unless she did her higher studies here in U.S.

Hello,

Sorry to confuse you - Actually, you can disregard the previous conversation.

I have another question, although its on the same lines.

Background: My wife came to US in May'09 on H4 - She filed for an H1 after coming here and we received the approval in Dec'09.

Now, she has to get her VISA stamped - What do you recommend going to Canada and getting it stamped or traveling to India would be a better bet?

Please suggest..

Thanks,
Sumit

[sumsriva]

Thanks, this was very helpful.

I'll ask check with her employer, if they can file for a COS?

[sumsriva]

Hi,

by the way - do you mind explaining me what is a Consular process?

Her approved I797 does not have a I94 in the end - Any reason why would they do that? She was very much in US when her H1 was being filed.

Thanks,
Sumit

[shervin143]

by the way - do you mind explaining me what is a Consular process?
>>> Consular process meaning you need to visit a consulate outside the country and get the visa to enter in H1b status to work.

Her approved I797 does not have a I94 in the end - Any reason why would they do that? She was very much in US when her H1 was being filed.
>>> That depends on how the employer filed the petition. Maybe they filed it as a consular process. Is the approval notice I-797B? I-797A would come with a new I-94.

[sumsriva]

yes, its a 797B .

How different is it that 797A..

is it something that can be changed to 797A? something that the employer can help with?

[shervin143]

What exactly are you not getting? I-797A is the approval notice with COS (New I-94). Like mentioned earlier, your employer can try to file an H1B amendment petition to COS.

[sumsriva]

Thanks for all the info that you provided to me until now.

I have another question, it seems her employer is trying to avoid to file for a COS. Now, we are planning to go for H1B stamping..

Can we go to Canada to get it done? i read in the other threads that first timers should prefer to goto home country ? What are the challenges of going to Canada? Since, she already has the H1B approval, i believe all the verification steps are done already.

Do you see any challenges in going to Canada for H1B stamping?

Thanks in anticipation,
Sumit

[shervin143]

First time H1B stamping will need to be done from the home country unless you have done your higher studies in U.S. It is hard for the consulate to do your educational evaluation when the stamping is not done from your home country. The chances are that, the VO might reject your visa based on this.

https://www.immihelp.com/usa-visas/visastampingcanadamexico/

Thanks for all the info that you provided to me until now.

I have another question, it seems her employer is trying to avoid to file for a COS. Now, we are planning to go for H1B stamping..

Can we go to Canada to get it done? i read in the other threads that first timers should prefer to goto home country ? What are the challenges of going to Canada? Since, she already has the H1B approval, i believe all the verification steps are done already.

Do you see any challenges in going to Canada for H1B stamping?

Thanks in anticipation,
Sumit

[sumsriva]

Thanks for the answer!

Also, i came across a few articles about port of entry denial - is it a practice to enter from the port which is closest to location of your project?

As, i live on the East coast and my wife's project is starting on the West coast - Will it be better for her to enter through SFO while coming back from India?


Appreciate your response!
Sumit