H4 to H1B


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How do we change status from H4 to H1B in below scenario?

Candidate was in India and his H1B was selected in lottery FY2022 and fully approved in July 2022.

Candidate went for stamping in India for H4 in Oct 2022 and entered US in Oc 2022.

Candidate is now on H4 visa in USA and also holds approved I-797 for H1.

How can we convert his visa from H4 to H1? 

1. Can I-539 be filed? But in that form, it does not ask for H1B approval notice number.

2. Should he get out of US and get back with H1B stamped? 

3. Can H1B amendment be filed to request COS with I-94?


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An I-539 is never for changing to H1.

The employer would have to file an amended H1 petition (I-129) to ask for COS, or you can go abroad, get an H1 visa, and enter with that.

Btw, you should check your dates before posting. July and Oct. 2022 are in the future...

Edited by JoeF
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