H1 processing in Progress--have to travel to US on H4.

[kabkaba]

Could you please clarify the following queries?

Case1: if applicant have valid H4 visa and filed H1B from outside US as normal consular process but not yet approved
a) Can applicant travel to US with H4 without impacting in progress H1B application? --Yes
b) Can applicant apply premium processing and change of status (COS) same time after enter into US on H4? What will be the fees? -- Not at the same time. Both will be separate.
c) Can applicant should wait until 1st October to work (or) eligible to work as soon as H1B and COS approved? -- One can and must start working after COS is approved and effective.

Case2: if applicant travel to US on H4 and filed H1B as change of status (COS)
a) Can applicant file H1B and COS on same time as premium processing? -- Yes. If the beneficiary is in the US at the time of filing, the employer can file with change of status and also request premium processing.
b) Can applicant should wait until 1st October to work (or) eligible to work as soon as H1B and COS approved? -- The employer can and must start working form the effective date of that petition. If filed under next year's cap, it will be Oct 1. If filed under previous year's cap or cap-exempt, immediate effective date can be requested.

See above.

[Sasibhushan]

H1 processing in Progress--have to travel to US on H4.

Could you please clarify the following queries?

Case1: if applicant have valid H4 visa and filed H1B from outside US as normal consular process but not yet approved
a) Can applicant travel to US with H4 without impacting in progress H1B application?
b) Can applicant apply premium processing and change of status (COS) same time after enter into US on H4? What will be the fees?
c) Can applicant should wait until 1st October to work (or) eligible to work as soon as H1B and COS approved?

Case2: if applicant travel to US on H4 and filed H1B as change of status (COS)
a) Can applicant file H1B and COS on same time as premium processing?
b) Can applicant should wait until 1st October to work (or) eligible to work as soon as H1B and COS approved?

[shervin143]

What will be the approximate processing time for the amendment of the petition requesting change of status to H1 from H4.
>>> 2-3 months by normal process and 15 days by premium (additional $1000).

Also my employer is an MNC in India, so they should be able to do the amendment while I am in US right?
>>> Yes. If they were able to file your H1B, they should be able to file the amendment too.

Just in case they say they can not/will not do an amendment , then is it an option for me to travel back to India and join the company, get my Visa stamped and travel back on H1?
>>> Yes.

[Leks]

Few more question...

What will be the approximate processing time for the amendment of the petition requesting change of status to H1 from H4.

Also my employer is an MNC in India, so they should be able to do the amendment while I am in US right?

Just in case they say they can not/will not do an amendment , then is it an option for me to travel back to India and join the company, get my Visa stamped and travel back on H1?

Please advise.

Thanks,
leks

[kabkaba]

That is only if change of status to H1 also gets approved. (through amendment)

[Leks]

Thank you

[txh1b]

That is correct

[Leks]

Ohh really. Thats so nice. Thank you so much for the reply!! Now I can talk with my employer if I can take leave and travelto US.

So if H1 gets approved, there is no need to stamp the visa unless I have to travel outside US. Is that correct?

Thanks,
Leks

[kabkaba]

It will have no effect.
In fact after reaching US in H4 status, if the H1 petition gets approved. Your employer can apply for amendment of the petition requesting change of status to H1. On approval of this amendment you can start working for the H1employer.

[Leks]

Hi ,

I am Currently in India and my H1B visa processing is in progress and currently with USCIS. While the processing is in progress I might have to travel to US for unavoidable personal reasons on H4 Visa (existing dependent visa). Please let me know how the travel will affect the current H1 processing.

Thanks in advance!!

Thanks,
Leks