I797B with no I94

[RPD]

Hi,

I came to the US in June 2014 for the first time as an H4. I have applied for H1B in April 2017. I have got my approved petition ie I-797B on Mar 21st, 2018 (for 3 years ie oct 1st 2017 to Sept 2020) without an I-94. When we spoke to the employer on COS, he said that he will apply for COS (without needing to go to India for stamping) from H4 to H1B mostly by the second week of Apr 2018.  My questions are:

(i) What is my current status and am I in a valid status ie is my stay valid?

(ii) What all are needed to apply for a COS and how long does the change of status (from H4 to H1B) take to get it done?

Your reply will help us clear all our confusions and stay relaxed.

Thanks in advance.

 

[pontevecchio]

1. Yes

2. COS from H4 to H1 implies a new non cap H1 petition from H4 to H1 and you can work only after approval.

 

Please tell me you did not give him any money?

[RPD]

Hi,

Firstly, thank you for the quick reply. 

We paid him only once ie when we applied for H1B in April 2017. Can you please tell me how much time does the COS process take if we apply for it in the 2nd week of April? 

Thanks,

RPD

[pontevecchio]

Your employer is a crook. Tell him you will be going to get the H1 visa and return to work. Did you KNOW that a COS to H1 from H4 implies a new non cap H1 petition? He does not want you to go for the visa as he knows it will be possibly denied. If you get the visa and return and report for work, then he has to pay you . Is the project In house? Does he actually have a job for you. How much did you pay him?