H4 to H1B COS

[sreusad]

Hi,

My wife holds a H1B petition with her employer valid till May 2019 (visa not stamped). She was working in US till Aug 2017 and went on maternity. Currently in US on H4 visa as my dependent, she is trying to re-start working in US. If she gets a job here, what would be the process to change the status from H4 to H1B. Also considering that we do not have premium processing allowed currently, how soon can be start working once the application is filed.

Regards

Sree

[JoeF]

 A new employer can file LCA and a new H1 petition (I-129)'for her at any time. She has to wait for the approval before she can start working.

[pranav87]

If you wife currently is in US on H4 which means her H1B is no longer valid. This is because she entered US on H4, that is what I would assume. But her company's lawyer can work out this if there is way to transfer back to H1B which I am really not sure about and start working immediately. 

 

For a petition to be approved is one thing and since she entered on H4 visa she cannot continue with H1B. Now again, I have never  heard about this kind of a situation, so my comments are mere my opinion. Keep us posted though!

[sreusad]

@JoeF Thanks for your response. So considering the current non-premium processing time, it would be couple of months before she gets the approval to start working. Can she use the receipt number to start working while waiting for petition approval?

[pontevecchio]

A person in H4 status cannot start working on receipt of the H1 petition. She has to wait for approval which is taking many months now.

[JoeF]

57 minutes ago, sreusad said:

@JoeF Thanks for your response. So considering the current non-premium processing time, it would be couple of months before she gets the approval to start working. Can she use the receipt number to start working while waiting for petition approval?

No, she can NOT.

Working with receipt notice is only possible if the person currently is in H1 status.

She has to wait for approval.