vincentanand

How do we change status from H4 to H1B in below scenario? Candidate was in India and his H1B was selected in lottery FY2022 and fully approved in July 2022. Candidate went for stamping in India for H4 in Oct 2022 and entered US in Oc 2022. Candidate is now on H4 visa in USA and also holds approved I-797 for H1. How can we convert his visa from H4 to H1? 1. Can I-539 be filed? But in that form, it does not ask for H1B approval notice number. 2. Should he get out of US and get back with H1B stamped? 3. Can H1B amendment be filed to request COS with I-94?

Green card is just another type of visa same like H1B or L1B. One person can file multiple visas at the same time and they do not impact each other. So in your case, GC I140, does not have any dependency on your L1A status or H4 status. As long as your employer who filed I140, does not revoke it, for 6 months of time from the day it is approved, your I140 will remain valid for the rest of your life time! Even if employer revokes after 6 months of time, it will still be valid for you.