h4 to h1 help needed

[helpneeded123]

Hello All,

my h1b visa extension petition got denied recently when i am in india, hence applied for h4 visa got the approval. i want to apply for h1 again. my questions are:

1. can i apply for new h4 to h1 COS from India itself? ( i am a cap exempt since i was working in US )

2. if i have to come back to US then only i can apply for COS means what are the list of the documents needed for this?

please kindly reply me on this.

[shervin143]

1. can i apply for new h4 to h1 COS from India itself? ( i am a cap exempt since i was working in US )
>>> COS means change of status. When you are outside U.S, you don't hold any status and so a change to another status is not possible. You need to be in U.S in H4 status to file a COS to h1B status.

2. if i have to come back to US then only i can apply for COS means what are the list of the documents needed for this?
>>> http://www.immihelp.com/forum/showthread.php?t=75721

[helpneeded123]

Thank you for your reply Shervin. i have few other questions

1. can i apply for h1 now and get the approval, then come back to US on h4 then apply for h1 COS status?

2. even if i have h1b approval can i still come on h4 visa?

3. how long does COS status will take if we apply through premium processing?

4. i am still working from offshore with my current client as an offshore resource. they did not know about my h1b petition rejection and h4 visa. i will have this job opportunity available.so to apply for COS i need to have client letter and vendor letter right? if so, could you please provide me the sample/format for this letters?

Thank you and waiting for your reply.

[shervin143]

1. can i apply for h1 now and get the approval, then come back to US on h4 then apply for h1 COS status?
>>> What is the use in doing that? It will be useful only if you are filing a new H1B petition under 2013 CAP. In your case, you already had an H1B approval in the past, so you are already CAP counted. Yu can enter in H4 visa and then file a COS to H1B using the CAP from your previous H1B approval notice (Give the new empo0yer a copy fo your previous H1B approval).

2. even if i have h1b approval can i still come on h4 visa?
>>> Yes.

3. how long does COS status will take if we apply through premium processing?
>>> 15 days.

4. i am still working from offshore with my current client as an offshore resource. they did not know about my h1b petition rejection and h4 visa. i will have this job opportunity available.so to apply for COS i need to have client letter and vendor letter right? if so, could you please provide me the sample/format for this letters?
>>> There is specific temaplate. The following items need to be included in the letter

1) It should in their letterhead and you need the originals.
2) It should mention the duration of the project.
3) It should metion your roles and responsibilities and the technologies used.
4) It should mention that you are controlled by your employer and you report directly to your employer and they have the ability to hire/fire/assess your progress. (To prove employer/employee relationship)