H4 to H1 Change of status

[rohinikathik]

Hi Team,

 

I am currently on h4 visa in usa, i am trying to change my visa from h4 to h1 in usa and my h4 i94 status is valid until next june 2024. My questions is, when I change to h1 , can i start working once case is approved or I need to go for a port of entry at home country and reenter back for change of status 

[Attorney_6]

If your H1B is timely filed as a change of status petition and is approved with an I-94 attached to the 797A approval, then there would be no need to leave the U.S. and reenter using an H1B visa. However, if you travel outside the U.S. while the change of status petition is pending it would then likely be approved but for consular processing and at that point you would need to obtain an H1B visa in your home country and then enter on H1B. I do recommend you have a 20 min consultation scheduled with one of our attorneys so you can better understand the process and steps to be taken.