H4 to H1 status, need stamping done while in the US?

[sowmi68]

Hello all,
I have applied for my H1B for yr 2011 and it is in the final stages of approval. To join my husband who is in the US, I am taking a H4 and will be joining him soon. Now, since I am already in the US, is it possible that I can start working with my approved H1B petition documents without getting it stamped at the consulate office in my home town? I can arrange to get my documents to the US address, but will not be able to travel back to my home country for stamping.

My passport will still show H4 visa stamped, in this case will I be able to work with approved H1B petition documents? Please advise. This is my fresh H1B petition. I have not applied one before.

Thanks in advance

[shervin143]

Your status need to change from H4 to H1B for you to work. You cannot work when you are in H4 status and that is illegal. You either have to go out of the country and get the H1B stamped and return back in H1B visa (which will put you in H1B status) or your employer will need to file an amendment to change your status from H4 to H1B and you can work after receiving the approval (might take 2-3 months by normal process).

[sowmi68]

Hi Shervin Thanks a ton for your reply.
My question here is: since i ve already applied my H1B (and it is in RFE review stage), now for an amendment, should the employer file a new H1B petition OR With my approved H1B docs I can ask the employer to file an amendment. I don't understand what an amendment is: is it like filing a new application? or just a change of status once your application is approved? Please advise. Thanks!

[shervin143]

Once the petition is approved, the employer will need to amend the petition from consular process to COS. It is just to change your status and everything else will remain the same in the approved petition. You cannot work until the amendment get approved with a new I-94.
https://www.immihelp.com/h1b-petition-amendment/

Hi Shervin Thanks a ton for your reply.
My question here is: since i ve already applied my H1B (and it is in RFE review stage), now for an amendment, should the employer file a new H1B petition OR With my approved H1B docs I can ask the employer to file an amendment. I don't understand what an amendment is: is it like filing a new application? or just a change of status once your application is approved? Please advise. Thanks!

[vijaya.palla611]

Reg H4 to H1b amendment

Did this work out for you?
The amendment petition for changing H4 status to H1B status?Please let me know, I am in the same boat.

Your help is really appreciated.

Thanks,
Vijaya.