Having H4 - Got selected in H1B lottery - Should travel to US before Oct 2014 ?

sarojpanigrahy

By sarojpanigrahy,
in H1B : H-4 Issues

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sarojpanigrahy Member

sarojpanigrahy

Posted
Posted

Hi,

 

Currently I am in US on H1B. My wife is in India and she is having a valid H4. But she has not travelled to US as of now.

 

We have applied her H1B this year and it is selected in lottery. Now, I want to know how early she can travel US without her H1B processing being impacted ?

 

regards

Saroj

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jairichi Advanced Member

jairichi

Posted
Posted

Hi,

 

Currently I am in US on H1B. My wife is in India and she is having a valid H4. But she has not travelled to US as of now.

 

We have applied her H1B this year and it is selected in lottery. Now, I want to know how early she can travel US without her H1B processing being impacted ?

 

regards

Saroj

On H4 she can travel anytime. This will not affect her H1B petition. But, to work from Oct 1st she has to exit and enter with a H1B visa.

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  • 1 month later...
andiamo Advanced Member

andiamo

Posted
Posted

Hi Jairichi,

 

Not sure what you mean by pay H-1 fee again.

 

I am in a somewhat similar situation. My H-1B petition filed in April '14 recently got approved. I was keen on visiting my spouse who is currently working on her H-1B visa.

 

Considering getting my H-4 stamped and travel next month and get my employer to file a COS towards Oct from when I would be eligible to work.

 

Would there be any pitfalls to this idea. Again, confused on paying H-1 fee again.

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jairichi Advanced Member

jairichi

Posted
Posted

Hi Jairichi,

 

Not sure what you mean by pay H-1 fee again.

 

I am in a somewhat similar situation. My H-1B petition filed in April '14 recently got approved. I was keen on visiting my spouse who is currently working on her H-1B visa.

 

Considering getting my H-4 stamped and travel next month and get my employer to file a COS towards Oct from when I would be eligible to work.

 

Would there be any pitfalls to this idea. Again, confused on paying H-1 fee again.

It takes 3 to 4 months to get COS from H4 to H1B by regular processing and 15 calendar days by premium processing.

Employer has to pay H1B fee again as COS is considered as new H1B petition except that it is cap exempt. Other option would be to exit and enter with a valid H1B visa and I797 when you want to move to H1B status.

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rahul412 Advanced Member

rahul412

Posted
Posted

It takes 3 to 4 months to get COS from H4 to H1B by regular processing and 15 calendar days by premium processing.

Employer has to pay H1B fee again as COS is considered as new H1B petition except that it is cap exempt. Other option would be to exit and enter with a valid H1B visa and I797 when you want to move to H1B status.

If that employer already has the approved H1 why does he needs to file another H1??

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jairichi Advanced Member

jairichi

Posted
Posted

If that employer already has the approved H1 why does he needs to file another H1??

Andiamo is planning to enter US on H4 (based on his spouse's H1B status) before H1B start date. So, if he would like to work on H1B status from 1st Oct either he exits US and enters with a valid H1B visa and I797 or employer files for COS. 

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rahul412 Advanced Member

rahul412

Posted
Posted

Andiamo is planning to enter US on H4 (based on his spouse's H1B status) before H1B start date. So, if he would like to work on H1B status from 1st Oct either he exits US and enters with a valid H1B visa and I797 or employer files for COS. 

He has approved H1 petition, so he needs only COS approval to start work on H1. No need of new petition.

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jairichi Advanced Member

jairichi

Posted
Posted

That doesn't make any sense.

Can you show me the proof? Why we need to file another H1 when the current one is still valid??

My understanding of Andiamo's situation is as follows: He has his H1B petition approved during his stay in home country (i.e. his petition was filed while he is outside US as consular processing). Now, he does not want to wait till H1B start date and wants to visit his spouse who is currently in US on H1B. So, he is planning to travel and enter US on H4. To start working  from Oct 1st he is going to request his employer to file a COS from H4 to H1B. Alternatively he has an option to exit and enter US with a valid H1B visa and I797 before H1B start date.

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rahul412 Advanced Member

rahul412

Posted
Posted

COS from H4 to H1B is actually a cap exempt H1B petition. So, H1B fee has to be paid. It is not like just filing an I539 when applying COS to H4. The best way will be for him to exit and enter US with a valid H1B visa and I797.

If that's true then that doesn't make any sense. Why does a person needs to file new H1 when the current one is still valid?

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jairichi Advanced Member

jairichi

Posted
Posted

If that's true then that doesn't make any sense. Why does a person needs to file new H1 when the current one is still valid?

Bcos the person entered on H4 and stays on H4 till a COS petition is filed or exits and enters US with a H1B visa as his H1B was approved during his stay in home country. And, for COS from H4 to H1B it has to be filed by employer and it is not I539 application. It is again I129 and fees applicable.

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rahul412 Advanced Member

rahul412

Posted
Posted

Bcos the person entered on H4 and stays on H4 till a COS petition is filed or exits and enters US with a H1B visa as his H1B was approved during his stay in home country. And, for COS from H4 to H1B it has to be filed by employer and it is not I539 application. It is again I129 and fees applicable.

You keep saying the same thing, all I want to know is why a person needs new H1 when the current H1 is still valid?? Why not just COS? Why COS and H1??

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