H1B processing and US arrival.

[Neethi]

Hi,

When is the appropriate time to arrive US to do an H4 to H1b conversion once the petition is picked in the lottery?

Conditions:I have a H4 visa and is currently working in India (2 months notice period at the company).I want to avoid the visa interview at US consulate in India.My husband is on an H1B ,working in US.

Kindly suggest how to plan my travel and when to resign my job(would like to keep the job as long as possible and then travel)

Thanks

Neethi

 

 

[JoeF]

Since you are outside the US, the H1 had to be filed with Consular Notification. You will have to get an H1 visa. Otherwise, if you enter on H4, and want to change status to H1, the employer would have to file (and pay for) a new H1 petition.

 

[Neethi]

 

Thanks for your reply

I have been to US on my H4 last september,i think the employer has filed it with my latest I94 for h4 to h1b conversion.I did not understand the part where employer has to file new H1 petition.Does that mean the current file is not valid in that case?

 

Neethi

[pontevecchio]

Since you left the H1 petition may be approved though you will need a H1 visa as a COS is abandoned by not being in the country. COS TO H1 always involves another H1 petition filing.