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

[pontevecchio]

COS from H4 to H1 does not happen in a vacuum. COS from H4 to H1 needs a H1 petition filing with the necessary fees along with a request for COS to H1. So if she comes here in H4 status , she will need to leave and return with the visa unless the employer is prepared to file another non cap H1 petition with a request for COS to H1 from H4.

[jairichi]

COS from H4 to H1 does not happen in a vacuum. COS from H4 to H1 needs a H1 petition filing with the necessary fees along with a request for COS to H1. So if she comes here in H4 status , she will need to leave and return with the visa unless the employer is prepared to file another non cap H1 petition with a request for COS to H1 from H4.

I hope rahul412 that your concern is addressed.

[rahul412]

COS from H4 to H1 does not happen in a vacuum. COS from H4 to H1 needs a H1 petition filing with the necessary fees along with a request for COS to H1. So if she comes here in H4 status , she will need to leave and return with the visa unless the employer is prepared to file another non cap H1 petition with a request for COS to H1 from H4.

My question was , why a new petition when the current one is still valid?Why not just COS??

[thedon]

My question was , why a new petition when the current one is still valid?Why not just COS??

 

Repeating the same question will give you the same answers. I think pontevecchio explained the process in pretty simple language. If you are questioning the law/rules itself then you'l get opinions not answers. There is no work around to what he said - if thats what you are looking for.

[rahul412]

Repeating the same question will give you the same answers. I think pontevecchio explained the process in pretty simple language. If you are questioning the law/rules itself then you'l get opinions not answers. There is no work around to what he said - if thats what you are looking for.

If you file COS to F1 , you need I20 to prove that you 'already' have an admission. So why not its same in this case, when he 'already' have H1 approval?

[andiamo]

Sorry folks, I am amazed to see that I have triggered a huge controversy here !

 

Nevertheless, I do not know what the rules of the land are, and have'nt still got that far to figure out the process. 

 

A very basic question on similar lines and I hope there is a clear answer to that.

 

Even if a new I129 is required to be filed for a COS from H4 to H1 (despite having an approved H1 petition) what happens is a scenario where the COS is denied.

 

Will the older approved petition still be valid ? Will I still be able to travel back to my home country, go for stamping and be hopeful to get H-1 stamped without any impediments ?

 

Yet another huge concern. Hope the authorities are listening !

[jairichi]

Sorry folks, I am amazed to see that I have triggered a huge controversy here !

 

Nevertheless, I do not know what the rules of the land are, and have'nt still got that far to figure out the process. 

 

A very basic question on similar lines and I hope there is a clear answer to that.

 

Even if a new I129 is required to be filed for a COS from H4 to H1 (despite having an approved H1 petition) what happens is a scenario where the COS is denied.

 

Will the older approved petition still be valid ? Will I still be able to travel back to my home country, go for stamping and be hopeful to get H-1 stamped without any impediments ?

 

Yet another huge concern. Hope the authorities are listening !

Yes, if COS is denied the petition is still valid unless revoked by employer. You can exit and enter with a H1B visa and I797.