F1- H4 - H1 Change of Status

[ninad70]

I was on an F1 and currently have the COS for F1-H4 pending (no OPT, applied on May 17, 2011). I have a job offer and the employer is ready to file for my H1B visa.

1. Do I need to wait until my H4 is approved and then file for an H1B?

2. If I file for an H1B while the current (F1-H4) COS is pending what will my status be for the last 3 months?

3. I assume I can start (on Oct 1 or after that) working for the company only after my H1B is approved?

Thanks!

[pontevecchio]

get the petition approved and leave and come back on the H1 visa.

[ninad70]

Thanks for the reply pontevecchio

You mean get the petition for change of status to H4 approved first?

Do I need to wait until H-4 is adjudicated to file my H1B visa petition?

Thanks!

[pontevecchio]

The fact that you filed a timely COS to H4 keeps you legal. If the H1 petition is approved you can plan to leave and come back on the H1 visa. The H4 has nothing to do with it. On the other hand the quota is not going away anytime soon. Hence you could also wait for the COS to H4 to be approved and then have the H1 sponsor file the H1 with COS. You would need the visa in future for travel purposes. Ask him what he prefers.