On H4 Visa-Planning to go for H1B

[Rakhi22]

Hi,

My H4 visa is filed and I am supposed to come to US in next one month.I am planning to apply H1B visa for 2014.

My question is if my H1B petition got approved then can i start working on that petition only or visa stamping is necessary to start working.

 

Rakhi

[jairichi]

 

Hi,

My H4 visa is filed and I am supposed to come to US in next one month.I am planning to apply H1B visa for 2014.

My question is if my H1B petition got approved then can i start working on that petition only or visa stamping is necessary to start working.

 

Rakhi

 

If employer files a change of petition from H4 to H1B and get approval there is no need for stamping till you exit US.

[Rakhi22]

how long will change of petition takes from H4 to H1 and when I would be eligible for that being on H4.

Is there any separate fee would be charged apart from the charges paid for H1 already?

 

I hope my question is clear to all.

 

Regards,

Rakhi

[jairichi]

how long will change of petition takes from H4 to H1 and when I would be eligible for that being on H4.

Is there any separate fee would be charged apart from the charges paid for H1 already?

 

I hope my question is clear to all.

 

Regards,

Rakhi

Employer files H1 petition as change of status from H4 to H1B in April 2014 and if approved you can start working from October 1st 2014. No separate fees other than H1B fees that would be paid by employer.

[sreevats.ns@gmail.com]

Hi Rakhi22,

I am planning to file H4 for my wife and then Change her status to H1 (once she is here) like how you have planned. Please email me your details (my email ID is in my profile) so that we can exchange some information that are useful to both you and my wife. 

 

Thanks in advance

[andiamo]

Folks,

 

After quite some searching landed on a relevant thread !

 

I am in a similar situation as the guys who are talking here and need advise.

 

My spouse is scheduled to travel on H-1 b around Jan - Feb. I am planning to travel around the same time to meet potential employers who can file my petition in Apr '14. I have a B-1 visa valid till Sep '15.

 

Now I am confused whether to enter the US on my B-1 or use my H-4.

 

Many employers I have spoken to prefer if I am on a H-4. They could do a COS from H-4 to H-1.

 

However, I need to return back to India for a few months while my H-1 petition is under processing.

 

1. Would I be able to stay in India till a decision on my petition is made and once and if through, move to the US via a COS from

H-4 to H-1

 

2. Or would there be any adverse impact if I leave the US while my H-1 petition is being processed. Would I have issues in getting a COS done.

 

3. If COS is not an option after I travel back, would it entail me to get my H-1 stamped in India if the petition were to be approved and use it to travel to the US.

 

Appareciate your advise on this matter please.

[jairichi]

Folks,

 

After quite some searching landed on a relevant thread !

 

I am in a similar situation as the guys who are talking here and need advise.

 

My spouse is scheduled to travel on H-1 b around Jan - Feb. I am planning to travel around the same time to meet potential employers who can file my petition in Apr '14. I have a B-1 visa valid till Sep '15.

 

Now I am confused whether to enter the US on my B-1 or use my H-4.

 

Many employers I have spoken to prefer if I am on a H-4. They could do a COS from H-4 to H-1.

 

However, I need to return back to India for a few months while my H-1 petition is under processing.

 

1. Would I be able to stay in India till a decision on my petition is made and once and if through, move to the US via a COS from

H-4 to H-1

 

2. Or would there be any adverse impact if I leave the US while my H-1 petition is being processed. Would I have issues in getting a COS done.

 

3. If COS is not an option after I travel back, would it entail me to get my H-1 stamped in India if the petition were to be approved and use it to travel to the US.

 

Appareciate your advise on this matter please.

1. COS petition could be applied only when you are in US while a decision is made on your H1B petition. Once you leave US when a COS petition is filed and a decision is pending your COS part of your petition gets void.

2. Refer 1.

3. You would need to go for H1B visa stamping to enter US.

[andiamo]

Thanks Jairichi.

 

Is the voiding of COS part of the petition applicable for any travel outside the US or is it specifically to the individual's home country.

 

Say I need to travel to Brazil for the FIFA world cup while my H1B petition is under process.

Does it get voided even then and I need to go for H1B stamping to enter the US for work ?

 

What about my H4 status in that scenario? I presume I would atill be allowed to travel in and out of the US right ?

[jairichi]

Thanks Jairichi.

 

Is the voiding of COS part of the petition applicable for any travel outside the US or is it specifically to the individual's home country.

 

Say I need to travel to Brazil for the FIFA world cup while my H1B petition is under process.

Does it get voided even then and I need to go for H1B stamping to enter the US for work ?

 

What about my H4 status in that scenario? I presume I would atill be allowed to travel in and out of the US right ?

COS is void when you travel outside US to any country. Your H4 status will remain during your travel outside and when you enter back on a H4 visa.

[JoeF]

Thanks Jairichi.

 

Is the voiding of COS part of the petition applicable for any travel outside the US or is it specifically to the individual's home country.

 

Say I need to travel to Brazil for the FIFA world cup while my H1B petition is under process.

Does it get voided even then and I need to go for H1B stamping to enter the US for work ?

 

What about my H4 status in that scenario? I presume I would atill be allowed to travel in and out of the US right ?

You seem to be confusing status and visa.

COS means change of status. By definition, you only have a status while in the US, so a change of status can only happen while you are in the US.

If you are outside the US, a COS is never possible, since in that situation, you don't have a status to change.

A visa is an entry document. You use a visa, e.g., an H4 visa, to enter the US in H4 status.

[andiamo]

Folks,

 

Got more confused now. But hope that's the way to get clarity on matters.

 

1. H-4 visa entitles one to enter the US on a H4 status.

Does this apply when one travels in and out of the US any number of times ? And even when one has filed a COS H4 to H-1 and travelled out ?

 

2.If that's the case, while the COS process gets redundant when I travel out of the US, can a fresh COS request be reinstated when I travel back again on my H-4 visa ?

 

I do not want to be held up in a situation where I miss the soccer games and be held up in the US till a decision on my COS is made.

 

Advise please

[jairichi]

Folks,

 

Got more confused now. But hope that's the way to get clarity on matters.

 

1. H-4 visa entitles one to enter the US on a H4 status.

Does this apply when one travels in and out of the US any number of times ? And even when one has filed a COS H4 to H-1 and travelled out ?

 

2.If that's the case, while the COS process gets redundant when I travel out of the US, can a fresh COS request be reinstated when I travel back again on my H-4 visa ?

 

I do not want to be held up in a situation where I miss the soccer games and be held up in the US till a decision on my COS is made.

 

Advise please

1. Yes, as long as H4 visa is valid. As JoeF mentioned a visa is just an entry document.

2. Yes, employer can do that. But, employer has to pay H1B fees again.

[JoeF]

COS changes the status only. That means only while in the US.

If you entered in H4 status, did a COS to H1, then left, and then used an H4 visa to enter, you'd again would be in H4 status.

Any status ends automatically when you travel out of the country.

[andiamo]

Thanks folks for your responses. Feel more comfortable with the status / visa criteria now.

 

Please help me understand if the below process would work.

 

1. Enter the US on my H4 visa. If H4 is not ready by Apr '14, enter using my B1 / B2

 

2. Find an employer who can file my petition on Apr 1st '14.

 

3. Exit after petition is filed. Now I lose my H-4 status once I leave.

 

4. Once the petition is approved, enter the US, on H-4 or B1 / B2 whichever is applicable.

 

5. Request the employer to file a COS from H4 - H1 or B1/B2 - H1.

 

2 queries :

 

How long does the process for doing a COS from H4 - H1 or B1/B2 - H1 take. Hopeful I would have it ready by Oct 1st '14 to be in a position to start working.

 

If I find a new employer (not the one who filed my petition) after I re enter, how does the process of transferring LCA and filing a COS work. And how long would the wait be then ?

 

Sorry if I am bothering with many novice questions, I need help on these matters to make a prudent decision please.

[andiamo]

I also had a quick query on H-1b petition and an H-1b visa stamping.

 

If my employer files my H-1b petition in Apr '14 and I am out of the US while the application is under processing.

 

Considering the outcome of the petition is +ve would it be possible for me to go for H-1B stamping after the FIFA games in Rio are over?

 

The games get over by mid July, I am not sure if I am likely to have a decision by then, but in case I do, can I get my stamping done in the Rio US Consulate and enter the US on a H-1B.

 

Since I will not be able to start work till Oct '14, not sure how I would be able to substantiate my status for 3 months b/n Jul - Aug.

 

Advise please.

[jairichi]

I also had a quick query on H-1b petition and an H-1b visa stamping.

 

If my employer files my H-1b petition in Apr '14 and I am out of the US while the application is under processing.

 

Considering the outcome of the petition is +ve would it be possible for me to go for H-1B stamping after the FIFA games in Rio are over?

 

The games get over by mid July, I am not sure if I am likely to have a decision by then, but in case I do, can I get my stamping done in the Rio US Consulate and enter the US on a H-1B.

 

Since I will not be able to start work till Oct '14, not sure how I would be able to substantiate my status for 3 months b/n Jul - Aug.

 

Advise please.

If you want to enter on H1B you can enter only a week or 10 days before your H1B start date i.e. last week of September.

[andiamo]

If you want to enter on H1B you can enter only a week or 10 days before your H1B start date i.e. last week of September.

Thanks !

 

But is there a restriction that we always need to get the H-1B stamping done in a US consulate in the home country?

Or can it be done anywhere across ?

[jairichi]

Thanks !

 

But is there a restriction that we always need to get the H-1B stamping done in a US consulate in the home country?

Or can it be done anywhere across ?

If US consulate in that particular country has restrictions on issuance of a US visa for nationals of a specific country then you cannot apply there.

[andiamo]

Thanks ! Is there a way we can find out which countries have these restrictions on issuing visas to citizens of specific countries please.

 

Also need your inputs on a couple of questions I asked earlier :

 

1. How long does the process for doing a COS from H4 - H1 or B1/B2 - H1 generally take.

As noted above, my COS would be held invalid if I were to leave the US while it is under processing.

Now if I re enter the US on H4 , and if I find a new employer to file a fresh COS H4 - H1, I have read I need to pay the visa fee again.

Is this only the Base filing fee of 325$ or does the employer also have to pay ACWIA, Fraud prevention, Public law and other compontents of the H-1B

 

2. B/n the time my petition is approved and I enter the US (on H-1B), which could run into months, if I happen to get a job offer from a new employer (not the one who filed my petition), would I be able to transfer my petition to the new employer.

 

Not sure if transfer of petition is the correct terminology, but I cannot think of a better word since I would still not have an H-1 stamped.

 

Appreciate your advise please.

[jairichi]

Thanks ! Is there a way we can find out which countries have these restrictions on issuing visas to citizens of specific countries please.

 

Also need your inputs on a couple of questions I asked earlier :

 

1. How long does the process for doing a COS from H4 - H1 or B1/B2 - H1 generally take.

As noted above, my COS would be held invalid if I were to leave the US while it is under processing.

Now if I re enter the US on H4 , and if I find a new employer to file a fresh COS H4 - H1, I have read I need to pay the visa fee again.

Is this only the Base filing fee of 325$ or does the employer also have to pay ACWIA, Fraud prevention, Public law and other compontents of the H-1B

 

2. B/n the time my petition is approved and I enter the US (on H-1B), which could run into months, if I happen to get a job offer from a new employer (not the one who filed my petition), would I be able to transfer my petition to the new employer.

 

Not sure if transfer of petition is the correct terminology, but I cannot think of a better word since I would still not have an H-1 stamped.

 

Appreciate your advise please.

Home country, Canada, Jamaica, Mexico (if it is renewal of same class visa), etc.

 

1. Based on current processing times 3 to 4 months by regular processing or 15 calendar days by premium processing. It is not you but employer pays H1B fees. They pay everything as it is considered as new application.

2. If this is not your cap subject H1B petition yes you can. Otherwise only after approval you can transfer to another employer.

[andiamo]

Home country, Canada, Jamaica, Mexico (if it is renewal of same class visa), etc.

 

1. Based on current processing times 3 to 4 months by regular processing or 15 calendar days by premium processing. It is not you but employer pays H1B fees. They pay everything as it is considered as new application.

2. If this is not your cap subject H1B petition yes you can. Otherwise only after approval you can transfer to another employer.

 

Thanks mate !

 

On  # 1, as we know the COS from H-4 to H-1 will be invalid once I leave the country.

 

As an alternative to requesting the new employer to filing a new COS (H-4 to H-1), while in the US, can we alternately enter the US from India by going to the Consulate and getting a H-1 B stamped.

 

Does taking an appointment for H-1 B stamping entail paying visa fee again. I do not think it should.

[jairichi]

Thanks mate !

 

On  # 1, as we know the COS from H-4 to H-1 will be invalid once I leave the country.

 

As an alternative to requesting the new employer to filing a new COS (H-4 to H-1), while in the US, can we alternately enter the US from India by going to the Consulate and getting a H-1 B stamped.

 

Does taking an appointment for H-1 B stamping entail paying visa fee again. I do not think it should.

You could request your employer to file H1B petition as consular processing. In this case whenever you would like to move to H1B status you need to exit US, apply for a H1B visa and enter. You would need to pay a visa issuance fee (currently $190)

[andiamo]

Thanks so much, that clarifies things a lot.

 

Mean time, while I have requested my employer to file my H1B petition as "Consular processing", I guess I would be allowed to travel in and out of the States on my H-4  visa and look for suitable opportunities in my preferred area of work and location.

 

And when ready, have the LCA raised in favor of my new job, apply for the H-1B visa issuance fee, go to the Consulate for stamping and enter the US on H1-B.

 

Would that be a fair assessment ?

[jairichi]

Thanks so much, that clarifies things a lot.

 

Mean time, while I have requested my employer to file my H1B petition as "Consular processing", I guess I would be allowed to travel in and out of the States on my H-4  visa and look for suitable opportunities in my preferred area of work and location.

 

And when ready, have the LCA raised in favor of my new job, apply for the H-1B visa issuance fee, go to the Consulate for stamping and enter the US on H1-B.

 

Would that be a fair assessment ?

Not just LCA, your H1B petition should be approved and you need to have I797 approval notice to apply for a H1B visa.

I am sorry I believe it is visa fee and not visa issuance fee.

[andiamo]

Not just LCA, your H1B petition should be approved and you need to have I797 approval notice to apply for a H1B visa.

I am sorry I believe it is visa fee and not visa issuance fee.

 

Pardon me, but what would be the difference b/n a visa fee and an issuance fee.

 

Agree that the petition needs to be approved to apply for the visa, but curious to know if it is possible to get a new LCA and have my petition linked to this new LCA and use it when I go for stamping.

 

Am I confusing it with something here ?