h4 TO h1 cos doubt

[gloriousdaisy]

Hi,

I am currently in US on H4 and my husband is in status on H1-B.

Background.
- Got H1B visa approval from Oct1 2009
- Worked for Nov & Dec 2009
- Searched for projects for a bit, applied H1 to H4 COS on 23 jan 2010
- Got approval on 22 Marc'2010

Now
- I have 2 offers
- My concerns: I have paystubs for Nov- Dec, does that make me out of status from Jan-March, would i get an RFE?

Thanks
Priya

[shervin143]

- My concerns: I have paystubs for Nov- Dec, does that make me out of status from Jan-March?
>>> Yes.

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?
>>> That takes care of COS from H4 to H1B.

2. If I receive my I-797 with an I-94 attached to it, should I assume my status has changed to H1?
>>> Yes.

Can I start to work as soon as I receive I-797 with I-94 and after Oct 1st?
>>> Yes. You can start working from the effective date on the approval notice.

3. If my I-797 does not have I-94 on it, how can I apply for COS from H4 to H1?
>>> Go out of the country, get the H1B stamped and return back in H1B visa.