H4 to H1 question.


sachinccdb

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Hello,

 

I am in USA and we applied for H1B for my wife this April. at that time she was in india. 

On April 7th she went to H4 visa interview and got it approved.

she came to usa on May 22nd on H4 status.

my wife's H1 got an R.F.E. in between and got approved on Jun 25th.

 

Now we are in a dilemma on when does her H1 starts? does she has to go to India and get it stamped to make the H1 active?

Or she can go to Canada/Jamaica and get it stamped to make her H1 active?

Or can she just stay here start working after October 1st  and go to stamping whenever we want? 

If she wants to work here and go to stamping whenever we want , what do we have to do?

 

 

 

Thank you so much for your help.

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Hi,

 

I too hold and approved H-1 petition and am currently in the States on H-4.

 

My employer says he can file a COS H4-H1 under premium and not require me to travel out for stamping.

 

Not sure how the pros and cons of the two options weigh out and which of these is a better option

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Hi,

 

I too hold and approved H-1 petition and am currently in the States on H-4.

 

My employer says he can file a COS H4-H1 under premium and not require me to travel out for stamping.

 

Not sure how the pros and cons of the two options weigh out and which of these is a better option

If employer is ready to file COS from H4 to H1B that is a better option. But, anytime you leave US and want to return you will need a valid visa.

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  • 4 weeks later...

Thanks Jairichi !

 

On the same note, I have also been hearing about a 30/60/90 rule or something that requires any COS petition to be filed only after 30 days from the date when the i-94 was stamped.

 

1. I arrived here on my H-4 as planned and am working towards initiating my COS. Do I need to wait for 30 days to pass ?

 

2. Since my H-1 petition was approved for Consular processing, if I take  the COS route, would a new I-129 get filed or would it just be an amendment on my current petition.

I also read about Form I-539 on the USCIS site - Application to Change Nonimmigrant Status.Does filing this mean an amendment is filed on the original petition ?

 

3. Also curious to know about what would happen to my current approved petition if my COS gets into trouble.I have read earlier the original H-1 petition will not be affected.

In such a scenario, can I still go for a stamping at one of the consulates. And is there a  wait time during when I cannot take a consular appointment in India or elsewhere.

 

Appreciate your advise !

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1. No.

2. A COS is nothing but a new H1B petition and H1B fee has to be paid by employer. It involves filing a new I129.

3. If COS is denied you can still exit and enter with a valid H1B visa and I797. No wait time at all. If this is your cap subject H1B petition that was approved then you can enter not more than 10 days before H1B start date.

 

Be warned that COS petition will take 3 to 4 months to get approval by regular processing and so you can join employer only after approval.

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  • 2 weeks later...

Thanks for helping answer my queries. I am still caught in a tight spot to make a decision b/n the two choices.

 

1.

If I take the stamping route, would it be okay if I get the stamping done in one of the neighboring US consulates viz Canada, Mex, Jamaica. Or is it mandatory I visit my home country where I was when my petiton was filed.

I have a commitment to join my client in 2 week's time and am hard pressed to decide on the stamping venues.

 

2.

I also have a situation where the client I will be working for is different from the one for which my petition was approved.

Do I still take my older papers for stamping and get an amendment done after I begin working within a given time window.

Or should I go with my new client letters.

 

3.

If I were to decline this client offer, is there an advisable time period before which I need to go for stamping (with my old papers) ?

 

4.

I also recently went for my H-4 stamping before arriving here. Is there a possibility the VO might be concerned why I am going for back to back stampings in a gap of 1-2 months.

 

Thank you again for your continued assistance.

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Thanks for helping answer my queries. I am still caught in a tight spot to make a decision b/n the two choices.

 

1.

If I take the stamping route, would it be okay if I get the stamping done in one of the neighboring US consulates viz Canada, Mex, Jamaica. Or is it mandatory I visit my home country where I was when my petiton was filed.

I have a commitment to join my client in 2 week's time and am hard pressed to decide on the stamping venues.

 

2.

I also have a situation where the client I will be working for is different from the one for which my petition was approved.

Do I still take my older papers for stamping and get an amendment done after I begin working within a given time window.

Or should I go with my new client letters.

 

3.

If I were to decline this client offer, is there an advisable time period before which I need to go for stamping (with my old papers) ?

 

4.

I also recently went for my H-4 stamping before arriving here. Is there a possibility the VO might be concerned why I am going for back to back stampings in a gap of 1-2 months.

 

Thank you again for your continued assistance.

1. Yes, you can. Have in mind that it takes time to get visitor visa to Canada/ if you are stuck with 221G in Jamaica the flights back to home country (India) is really expensive.

2. Amendment approval with new client letter.

3. Anytime.

4. No.

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Thank you !

 

#2, But how could I get an amendment approval without a H-1b visa.

 

Are you referring to amending the petition and then going for stamping with the new client letter.

 

Or can I go with my old papers and then apply for amendment of H-1b and LCA.

Amendment needs an approved H1B petition and not a visa.

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So you suggest to get the H-1b amended and then go for stamping ?

 

My concern is the 2 week time line I have to join the client. Not sure how long the amendment process takes, then I need to to take a consular appointment, then go through stamping and get back and begin work.

 

Not sure if this can all be achieved in 2 weeks !

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