H-4 Stamped & H1b out of cap in progress

[gurunath.sb]

Current Scenario: My spouse is in the USA on an H1b Visa  &  changed Job  recently to different employer , so H1b transfer  is in progress. I am in India with  H4 Visa stamped with old employer till Sept 15 2020 and  also my current H1b out of cap is filed/in progress.

Questions:

1. Can i travel to USA on H4 visa before Sept 15 & start working once H1b out of cap is approved or do i need go for H1b stamping? 

[User099]

You should consult an attorney if you want to travel while the spouse H1 transfer is in progress. Your H1 is already applied so it will most likely not come with an I94,so you will have to get a visa stamp and come back on H1 to activate it. You can do a new petition after coming to US as a COS from H4 to H1. 

[gopalakrishnach]

In current times and the issue of your H1B is currently filed better to talk with immigration lawyer. I maybe wrong but I feel your H1B even if approved it may not have I94 in that case you need to surely go for visa stamping.

1. Can i travel to USA on H4 visa before Sept 15 - your spouse H1B process makes tricky. Better to travel after approval.

& start working once H1b out of cap is approved or do i need go for H1b stamping? -- please see my above comment

[gurunath.sb]

Thank you very much @User099 & @gopalakrishnach  

This is what i have decided and please let me know if any immigration issue with it.

1. I will travel to USA on H4 stamped visa before sept 15th once my spouse H1 transfer/extension is approved as we changed it to premium processing now. I don't think any issue here, please confirm.

2. Can we file COS(H4 to H1) being in India so that i no need to go to stamping once its approved while i am in USA?

3. If COS cant be filed while being in India then can i  change my current H1 petition to COS after landing in USA and start working without going to stamping once its approved?

[gopalakrishnach]

1. Good.

2. I feel better to come to USA on H4 and apply for H1B.

3. Better to come to USA on H4 and then do H1B. If your approval do not come with I94 and treated like consulate application you need to go out of USA and get stamped and come back. If you get I94 no need to go out.

[User099]

1. Yes, no issues.

2. No, you are not on H4 when you are in India.

3. I don't know if you can convert an existing petiton to COS. You should check with your attorney who is filing the case for you. 

[gurunath.sb]

On 7/20/2020 at 3:48 PM, User099 said:

1. Yes, no issues.

2. No, you are not on H4 when you are in India.

3. I don't know if you can convert an existing petiton to COS. You should check with your attorney who is filing the case for you. 

Thank you Sir! My H1b Petition is already in progress in consular mode, I want it to upgrade it to premium along with COS but not sure it can be done or not. Thanks.

[gurunath.sb]

On 7/20/2020 at 9:17 AM, gopalakrishnach said:

1. Good.

2. I feel better to come to USA on H4 and apply for H1B.

3. Better to come to USA on H4 and then do H1B. If your approval do not come with I94 and treated like consulate application you need to go out of USA and get stamped and come back. If you get I94 no need to go out.

Thank you Sir! My H1b Petition is already in progress in consular mode, I want  to upgrade it to premium processing after landing in USA along with COS but not sure it can be done or not. Thanks.