H1-H4-H1 Question

[second221g]

I have a question regarding my change of status to H1.My H1 got approved in Oct 2010 till Sep2013. I went to India in Feb for H1 stamping and received 221g blue form from Chennai consulate. After submitting the required documents and waiting for 3 months i received a letter from Chennai Consulate saying that my case has been sent to USCIS. I then got married in may and applied for H4 visa which was issued on July11th .So my questions are

Q.I am now in US and want to know how much time do i need to wait for applying H1 once i get the job?


Q.My case is still with USCIS and there is not update on the case. Can i apply for h1 ( COS) even though the my case is still pending with USCIS?

[shervin143]

Q.I am now in US and want to know how much time do i need to wait for applying H1 once i get the job?
>>> You can file the COS to H1B anytime.

Q.My case is still with USCIS and there is not update on the case. Can i apply for h1 ( COS) even though the my case is still pending with USCIS?
>>> Yes.

[second221g]

Thanks Shervin!!

[PadmaV]

H1-h4-h1

Hi,

I am in a similar situation. When changing from H4-H1, do we have to do a COS by submitting I-539 form or submit a new H1B petition?

[shervin143]

You cannot file form I-539 for H1B. It has to form I-129 and it can be filed only by an employer. Form I-129 has the option to request the change of status to H1B.

Hi,

I am in a similar situation. When changing from H4-H1, do we have to do a COS by submitting I-539 form or submit a new H1B petition?