Change of Status from H4 to H1B (already have approved I797B)

[Megha Vernekar]

Hi,

I am currently on an H4 visa since Nov 2015 & residing in US since then. I recently got the H1B approved this year (Jan 2017). But the firm that filed the H1B missed adding the COS (Change Of Status) while filing for H1B last year. So now I have not received the updated I94. So can you please suggest what are the possible ways to get the COS done.

Can COS (I539) alone be filed since the approval (for the same employer) is already in place or should the I129 & I539 process be repeated entirely?

Also if COS can be applied separately what are the processing times and is there a way to convert it to premium?

[work2live123]

Hello friends,

I am on H1B , i have been working on h1 for past 2 years, now i do not have a project, and its almost 1.5 months since i am out of project. 

I don not have my GC process initiated yet.

my spouse is on H1 as well on a job.

since that i am having a hard time finding a placement and worried i will be past 60 days time period soon,

Can i get to h4 status from h1 for now, keep trying for a project , once i find can i apply to get back to my H1?

Do I need to start the H1 process all over gain meaning will i go through the lottery system of H1 process once again when i am converting from h4 to h1?

Note I dont have gc process intiiated for myself, dont have I140 approved .

Any valid response will be of great help

[shekar11#]

On 2/18/2017 at 10:53 PM, Megha Vernekar said:

Hi,

I am currently on an H4 visa since Nov 2015 & residing in US since then. I recently got the H1B approved this year (Jan 2017). But the firm that filed the H1B missed adding the COS (Change Of Status) while filing for H1B last year. So now I have not received the updated I94. So can you please suggest what are the possible ways to get the COS done.

Can COS (I539) alone be filed since the approval (for the same employer) is already in place or should the I129 & I539 process be repeated entirely?

Also if COS can be applied separately what are the processing times and is there a way to convert it to premium?

Your attorney needs to help you in this matter.

[JoeF]

On 2/18/2017 at 7:53 PM, Megha Vernekar said:

Hi,

I am currently on an H4 visa since Nov 2015 & residing in US since then. I recently got the H1B approved this year (Jan 2017). But the firm that filed the H1B missed adding the COS (Change Of Status) while filing for H1B last year. So now I have not received the updated I94. So can you please suggest what are the possible ways to get the COS done.

Can COS (I539) alone be filed since the approval (for the same employer) is already in place or should the I129 & I539 process be repeated entirely?

Also if COS can be applied separately what are the processing times and is there a way to convert it to premium?

 

A COS to H1 would mean a new H1 petition (I-129), filed and paid for by the employer. The I-539 is not used for COS to H1.

Or you can go abroad, get an H1 visa, and enter using that H1 visa.