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H4 to H1B status

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  • H4 to H1B status

    Hi,

    My scenario is that, I have a valid H1B petition and a valid visa with my employer in India. I am presently on H4 visa.
    If my employer finds a job in US (onsite), is it complusory that I have to travel back to India and come with I-94 of H1B. Or will COS is sufficient. Who should file COS if that is the case.
    Please let me know the process for the same.

  • #2
    Your employer can file a COS from H4 to H1B. The COS should get approved for you to work. The COS to H1B need to be filed by your employer. COS will come with a new I-94.
    Not a legal advice. Use of this information is strictly at your own risk.

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