H4 to H1B COS Premium

[SVTi]

Hi,

I got my H1B approved (for 2 months) while I was in India (I as on OPT when I left US for India).

During stamping I got 221(g), I uploaded all my Docs but my petition expired and I am still waiting the 221(g) decision.

I have applied petition renewal in Premium and hoping to get my approval soon.

I have 2 Questions:

1. If my 221(g) gets approved and new Petition is Approved, Am I  eligible for Dropbox (current wait times for interview are too long).

2. Can I come to US on H4 and file a COS from H4 to H1B ?? If yes, what will happen to my H1B when I go for H4 stamping in India and how does this work in        General. Also, how will I show the docs while change of status (I am currently employed and am on extended leave)

Appreciate any pointers/help/Info.

 

[adshah84]

1. No

2. Not advisable. I would suggest you wait and get H1b visa stamped. 

 

Edited May 9, 2019 by adshah84

[shekar11#]

21 hours ago, SVTi said:

Hi,

I got my H1B approved (for 2 months) while I was in India (I as on OPT when I left US for India).

During stamping I got 221(g), I uploaded all my Docs but my petition expired and I am still waiting the 221(g) decision.

I have applied petition renewal in Premium and hoping to get my approval soon.

I have 2 Questions:

1. If my 221(g) gets approved and new Petition is Approved, Am I  eligible for Dropbox (current wait times for interview are too long).

2. Can I come to US on H4 and file a COS from H4 to H1B ?? If yes, what will happen to my H1B when I go for H4 stamping in India and how does this work in        General. Also, how will I show the docs while change of status (I am currently employed and am on extended leave)

Appreciate any pointers/help/Info.

 

1. Yes. Or if you are called for in person you can let them know you have an updated I-797.

2. Yes. You can do that. You can say it has expired. H-4 depends on H-1 credibility. If you spouse has no issues on H-1 you can get H-4.

[lingaiahg]

@ adshah84 and @ shekar11# - Could you advise on the below ?

I got the 2017 H1b Approved on Aug 2018 after 2 RFEs, when it got approved i could not get stamped due to inactive assignment.

hence i entered US on Oct 2018 with H4 based on my spouse h1b.

I got the project now with client letter and can my employer apply for COS from h4 to h1b using Premium processing ?

If no Premium processing only option is to go to India for h1b stamping ?

any option of stamping in canada or mexico ?

[shekar11#]

On 5/20/2019 at 5:06 PM, lingaiahg said:

@ adshah84 and @ shekar11# - Could you advise on the below ?

I got the 2017 H1b Approved on Aug 2018 after 2 RFEs, when it got approved i could not get stamped due to inactive assignment.

hence i entered US on Oct 2018 with H4 based on my spouse h1b.

I got the project now with client letter and can my employer apply for COS from h4 to h1b using Premium processing ?

If no Premium processing only option is to go to India for h1b stamping ?

any option of stamping in canada or mexico ?

You can go to Canada for stamping.