H4 to H1 - Question Regarding CoS

[robinjkm]

Hello,

My wife is currently on H4 with the current I-94 valid till June 2012. We are planning to apply H1B on Sept 2010 for her. She won't be able to work untill March 2010 due to personal reasons and we are planning to go to India in April 2010. Below are my questions. Can some one please help?

1. Can we apply for H1B on Sept 2010 and start working after 6-8 months?
2. Can we apply for H1B on Sept 2010 with out a Change of Satus and file CoS whenever she is ready to work?
3. Can she come back from India on H4 and then start working by filing CoS?
4. How long she can stay on the H4 without loosing the validity of the H1B that is approved for her?
5. How much will be filing fees for CoS that we would be applying after getting the H1B approved this year?

Thanks much,
Robb.

[shervin143]

My wife is currently on H4 with the current I-94 valid till June 2012. We are planning to apply H1B on Sept 2010 for her. She won't be able to work untill March 2010 due to personal reasons and we are planning to go to India in April 2010. Below are my questions. Can some one please help?
>>> Did you mean 2011? 2010 March and April are history.

1. Can we apply for H1B on Sept 2010 and start working after 6-8 months?
>>> If the H1B is applied as a COS, then the max H1B start date can be only pushed 6 months from the date of filing. Better file the H1B as consulare process.

2. Can we apply for H1B on Sept 2010 with out a Change of Satus and file CoS whenever she is ready to work?
>> Yes.

3. Can she come back from India on H4 and then start working by filing CoS?
>> Yes, but the COS should get approved for her to work.

4. How long she can stay on the H4 without loosing the validity of the H1B that is approved for her?
>>> If it is a consular process, then she can stay in H4 as long as she wish. If it is a COS, then she need to be working from the effective date of the COS.

5. How much will be filing fees for CoS that we would be applying after getting the H1B approved this year?
>>> I think it is $320 now. This should be paid by the employer. Visit USCIS Forms and Fees page for current filing fee.

[kabkaba]

Hello,

My wife is currently on H4 with the current I-94 valid till June 2012. We are planning to apply H1B on Sept 2010 for her. She won't be able to work untill March 2010 due to personal reasons and we are planning to go to India in April 2010. Below are my questions. Can some one please help?

1. Can we apply for H1B on Sept 2010 and start working after 6-8 months?
Yes, H1 petition must be filed by the employer as without change of status.
2. Can we apply for H1B on Sept 2010 with out a Change of Satus and file CoS whenever she is ready to work?
Yes, that is possible.
3. Can she come back from India on H4 and then start working by filing CoS?
Yes, but she can only work after COS is approved.
4. How long she can stay on the H4 without loosing the validity of the H1B that is approved for her?
No limit.
5. How much will be filing fees for CoS that we would be applying after getting the H1B approved this year?
It is called amendment petition, check filing fees on USCIS website.
Thanks much,
Robb.

Answers above.

[robinjkm]

Answers above.

Thanks Shewin and kabkaba....

Our visa stamped on the passport expired last year, so we have to get the stamping when we go to India on April 2011. So would that be possible to get H4 stamping for my wife even if H1B(without CoS) is approved for her in the next 3 months(hopefully)? Then we can come back and apply for CoS and start working on H1B?

Thanks .....

[kabkaba]

Check answers to 3 and 5 above.