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New H1 or H4 to H1 COS

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  • New H1 or H4 to H1 COS

    Me and my husband work for the same employer in India. My husband is now in US on H1 and I got my H4 stamped recently. I wanted to go to US on H4 but my employer is ready to file my H1. My questions are
    1. Do I need to file a new H1 or a H4 to H1 COS?
    2. After I get my H1, do I need to get my H4 invalidated or can I have both at the same time.

    Response is highly appreciated. Thanks in advance

  • #2
    1. Do I need to file a new H1 or a H4 to H1 COS?
    >>> Did you mean a H1B with COS or Consular process? COS will allow you to work immediatley upon receiving the approval notice. If it is filed as Consular process, then you will need to go out of the country, get the H1B stamped and return back in H1B visa. In order to apply the H1B as a COS from H4, you should be in U.S while the petition is filed.

    2. After I get my H1, do I need to get my H4 invalidated or can I have both at the same time.
    >>> You don't need to do anything. When you go for your H1B stamping, most probably they will cancel your H4.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks Shervin for your reply.

      I'm currently in India now and my final intention is to work in US when I go there. Could you tell me which process is easier to get for 2011 cycle. I can go to US on H4 and then apply for COS if that is easier/quicker option than the consular process.

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      • #4
        Both are valid possible options. You need to figure out which one will work better for you. If you enter in H4 and apply a COS to H1B, you will not be able to work until the COS gets approved. There is a premium process that will get you the result in 15 days (additional $1000).If you get the visa stamped and enter in H1B visa, then yu can start working from day one.
        Not a legal advice. Use of this information is strictly at your own risk.

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        • #5
          H4 to H1 COS

          Hi Shervin,

          I had H1B stamped in April 2011, but I am here in US on H4 status and want to work. My questions are :
          1. Will I fall under COS?
          2. How is filing a new H1 different from H1 transfer (in my case) because I'll not be under 2011 cap?

          Thanks & Regards.

          Comment


          • #6
            Originally posted by gardens007 View Post
            Hi Shervin,

            I had H1B stamped in April 2011, but I am here in US on H4 status and want to work. My questions are :
            1. Will I fall under COS?
            2. How is filing a new H1 different from H1 transfer (in my case) because I'll not be under 2011 cap?

            Thanks & Regards.
            If you have an employer willing to employ you, they will need to file a petition with change of status. After that petition is approved with an I-94, then only you can work in H1 status. The only difference in having previously approved H1 petition is that the employer can request immediate start date rather than waiting for Oct 1. But if previously approved petition is also from the same year that starts on Oct 1, 2011, you still need to wait until Oct 1, 2011.
            This is my opinion and not legal advice.

            Comment

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