H4 to H1B Change of Status(CoS) cap exempt before stamping


Anat1

Recommended Posts

Hi,

Here is my situation. Can someone please say if I'm eligible for H4 to H1B Change of Status(CoS) under cap exempt ?

 

March 30- 2019 -  First entered to US in H4 Visa

April-1-2019 - H1B petition filed (NOT as CoS as I didn't have valid i94 by the time I was filling documents) 

Dec-2019 - H1B petition approved

Jan-2020 - Went to India and came back on June-2020 in H4 Visa.

 

Now that I'm in H4 status and have an approved H1B petition, can a new employer sponsor H1B with Change of status under cap exempt ?

One company's attorney says its NOT possible as I never got H1B stamping / original petition under cap was filed with CoS, so have never activated my H1B status. So doing CoS is not possible.  Kindly advice. 

 

 

 

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...