H4 to H1 transfer - COS doubt

[duhbugga]

Hi,

I am currently in US on H4 and my husband is in status on H1-B. I found an employer who applied for my H1 under premium processing last week.

My attorney gave me a copy of the documents they submitted to USCIS which included the filled I-129 form and I-907 for PP. Under Item 5 (Requested Action) of I-129 form, they have selected 5.b (Change the person's status and extend their stay since the person are all now in the US in another status)

1. Does this take care of applying for Change of Status from H4 to H1? Or did my attorney have to file a separate I-539 along with I-129 to request for COS from H4 to H1? Or do I have to apply for COS after my H1 approval is received?

2. If I receive my I-797 with an I-94 attached to it, should I assume my status has changed to H1? Can I start to work as soon as I receive I-797 with I-94 and after Oct 1st?

3. If my I-797 does not have I-94 on it, how can I apply for COS from H4 to H1?

Thanks
DB

[Subramanya]

I am currently in US on H4 and my husband is in status on H1-B. I found an employer who applied for my H1 under premium processing last week.

My attorney gave me a copy of the documents they submitted to USCIS which included the filled I-129 form and I-907 for PP. Under Item 5 (Requested Action) of I-129 form, they have selected 5.b (Change the person's status and extend their stay since the person are all now in the US in another status)

1. Does this take care of applying for Change of Status from H4 to H1? Or did my attorney have to file a separate I-539 along with I-129 to request for COS from H4 to H1? Or do I have to apply for COS after my H1 approval is received?

---- Yes, your COS from h4 to h1 has been well taken care of your attorney. There is no need of a separate application

2. If I receive my I-797 with an I-94 attached to it, should I assume my status has changed to H1? Can I start to work as soon as I receive I-797 with I-94 and after Oct 1st?

---- When the USCIS has decided to grant you a H1 approval with a COS from H4 to H1. that menas you can start working for the employer with whom the COS has been filed. You can start work from Oct. 01, if you receive the H1 approval by that time. otehrwise wait to see the date if USCIS has advised your start and check with your employer

3. If my I-797 does not have I-94 on it, how can I apply for COS from H4 to H1?

---- If your approved H1 petition does not have a I-94 you may have to out og the US and apply for a visa at a US Consulate . Check with your attorney if there are any other possibilities, although geenrally there may be none and you should receive your approved H1 with a valid I-94

Subramanya