On H4, and if I get H1b, still will I be able to continue on H4 and move into H1b later

[Rose0527]

Hi,

I am on H4 EAD right now. If I get H1b approved , still will  I be able to continue in H4  till I want and move  to H1b when ever I want?

[pontevecchio]

An approved H1 petition after going through the lottery is only valid for future use if you have either worked for the H1 petitioner or have got an H1 Visa stamp based on that petition. If you get your H1approval without COS, you could continue in H4 EAD after the H1 petition starts.

Edited March 13 by pontevecchio

[Zodiac System]

If you get picked in H1b lottery, and your H1b is approved, then your H1b status will start from October 01, 2024 (change of status).

However, In case you want flexibility in starting H1b, then request your employer to file you in "consular processing".  That way you will be able to move to H1b, whenever you want, after getting an H1b visa from US Consulate in India.  Good Luck.