H4 to H1 COS Form

[rahul_34b]

Hi,

I have read several post for the process of converting from H4 to H1(change of status within US) and most of them suggested to use I-539 for COS Process.  But my employer used I-129. Is this the correct form for change of status from H4 to H1 within USA? Please guide. Below is the status in USCIS.

 

" The receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt no On March 30, 2017, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC171*******, and sent youtice by April 29, 2017, please call Customer Service at 1-800-375-5283. If you move, go to www.uscis.gov/addresschange to give us your new mailing address. "   

 

Thanks,

Rahul

[shekar11#]

On 5/12/2017 at 1:55 PM, rahul_34b said:

Hi,

I have read several post for the process of converting from H4 to H1(change of status within US) and most of them suggested to use I-539 for COS Process.  But my employer used I-129. Is this the correct form for change of status from H4 to H1 within USA? Please guide. Below is the status in USCIS.

 

" The receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt no On March 30, 2017, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC171*******, and sent youtice by April 29, 2017, please call Customer Service at 1-800-375-5283. If you move, go to www.uscis.gov/addresschange to give us your new mailing address. "   

 

Thanks,

Rahul

That is the right form.

[JoeF]

The I-539 is used for most changes of status, EXCEPT for a COS to H1. The H1 always requires form I-129.