H4 to H1 issue

[venkatay]

hi, 

I am on H4 and I do have the EAD aswell. It is going to end in June , so I applied for the extension in last year Dec'19 and it is in process. 

Meanwhile, last year I applied for H1 and got approval in Feb'20 but as I traveled out of US while it is in process, COS got invalid and I will have to get the stamping done to activate my H1.  I even made visa appointment but due to COVID pandemic I am thinking of postponing the appointment. 

My question is ,

1.  if my H4 extension gets approved before I go for H1 stamping , can I still activate my H1 by going for a stamping or does it get invalid?

Thank you for any suggestions or ideas.

[cyberlord]

My understanding is you need to get your H1 stamped to activate it.

[venkatay]

Yes, it’s mentioned in i797 to go for consulate processing (h1 stamping)to get it activated. But in the meanwhile if my h4 extension gets approved , will I be able to go for h1 Stamping?

[User099]

On 3/11/2020 at 8:20 PM, venkatay said:

hi, 

I am on H4 and I do have the EAD aswell. It is going to end in June , so I applied for the extension in last year Dec'19 and it is in process. 

Meanwhile, last year I applied for H1 and got approval in Feb'20 but as I traveled out of US while it is in process, COS got invalid and I will have to get the stamping done to activate my H1.  I even made visa appointment but due to COVID pandemic I am thinking of postponing the appointment. 

My question is ,

1.  if my H4 extension gets approved before I go for H1 stamping , can I still activate my H1 by going for a stamping or does it get invalid?

Thank you for any suggestions or ideas.

H4 getting approved will not invalidate your H1, you can go for stamping to activate it anytime. 

[MurthyIndia_Lawyer]

Hi!

Your post is not clear if you are still in the U.S. or currently in India, hence one of the following may be applicable for you.
1.  If you are still in the U.S. awaiting approval of your application for H4 extension, we request your consult an experienced attorney in the U.S. to see if an application for change of status can filed with the USCIS. Upon approval of this application you can immediately commence employment on H1B without departing the U.S. You may also reach out to one of the Attorneys at Murthy Law Firm on law@murthy.com.

2. Alternatively, if you are outside the U.S. and require a H1B stamping to commence employment in the U.S., then you are already aware trust that you are aware all routine immigrant and nonimmigrant visa appointments at the U.S. Consular mission stands cancelled since March 16, 2020. You need to regularly monitor the consular support desk’s website (www.ustraveldocs.com/in) to schedule your interview. Should you need help, you can reach us on info@murthyindia.com.

[venkatay]

Thanks for the information, 

I am still in US and awaiting for approval. Typically how long does it take to get the change of status?

[venkatay]

and does getting H1(consulate processing) effect H4 extension process?