Approved H1B and change of status from H4 to H1B

[ansugeorge]

hi

i have a approved h1b petition from company A. But i am still on H4 since i went to india and came back on H4-now company A is not marketing me and i am not getting any job. Can company B do my marketing and do my change of status of the approved H1B petition.

[wiweq]

You need to go through USCIS website and get to know information about H1b.

Back to your case, because now you are on H4, A is no more your employer and not responsible to "market" you. Once you get another legit job offer, your new employer can do COS (H4 to H1b) for you.

[ansugeorge]

Thank you for your clear answer.

[ansugeorge]

One more question. My approved H1b petition shows the information of company A who filed it. So will there be a risk in applying a COS(H4 to H1) through company B?

[SameerH1Bworker]

NO there won't be any risk. However, if you want to be cap exempt then you can provide H1B approval of Company A to Company B & ask them about camp exemption.