H4 to H1 transfer

[Arya122]

Hi,

Presently I am in H4 Visa. I got a sponsor for H1 Visa. After filing the H1 visa if I go back to my home country for few months, can I come back to US on H4 visa if H1 get approved by this time or I need to get stamp for approved H1? If I come back to US after H1 approval on my existing H4, approved H1 will be affected due to the re-entry to US on H4? Is change of status(COS) and fresh H1 approval both are different process? If yes, my employer need to apply COS after coming back to US on H4? After H1 approval when my employer need to apply for COS? How long COS takes to get approved?

Arya

[SameerH1Bworker]

Once you file for New H1B with COS & once it gets approved and you leave country after that & come back on H4 then your status is H4 only, You CAN NOT work even though you've H1B. To work you need to get visa stamp & come back on H1B then only you can start working otherwise it will be illegal.

Now another case, you can visit your home country, come back on H4 and then apply for H1B with COS, in that case you do not have to leave country to get H1B stamp. COS status will convert you status from H4 to H1.

[Arya122]

Hi,

Thanks Sameer for your reply.

I have one more doubt.

If I go to India after applying the H4 to H1 transfer and come back to US before my H1 approval on existing H4 visa, do my employer need to apply for COS H1 to H4?

Arya

[vanvi]

There is no specific LAW which says you are not eligible to work if you travel out side of US on your existing status after the COS is approved and comeback before your H1 start date. There has been a discussion on the topic from senior folks..

We are in the same limbo where my wife needs to travel to India in august once her H1B petition is approved for 2013 Quota.

Writeup from Murthy Law Firm

http://www.murthy.com/print/n_cosapp_P.html

and also follow the topic "Currently on H4, can I start work after I-797?" It should be some where in the 3rd page

[wiweq]

To work you need to get visa stamp & come back on H1B then only you can start working otherwise it will be illegal.

=> This is WRONG. First, visa stamping is only used to enter in USA. To change the status there are two ways, use the visa at POE you wish to stay on, or do COS once you are in US. Once OP is in US again, s/he can do the COS to H1b from H4 and ready to work. H1b approval and COS are two different things. If beneficiary is out of USA, COS might be denied but due to same reason approval can't be denied. In the case, USCIS asks you to go for Consular Processing, you have to go.

[Arya122]

Hi

Thanks Vanvi for your reply.

In My case, my employer filing petition for H4 to H1 transfer with COS in Regular Processing say on 05/02/2012. I am planning to go to India on 05/27/2012 and coming back to US on 07/27/2012 on my existing H4 visa. For regular H1 processing takes 2 to 6 months of time. (**I am traveling to India after applying H4 to H1 transfer but before approval. **)

Scenario 1: Say my H1 is getting approved on August-2012 with effective from October 1, 2012, where approval date (August-2012) is after my returning from India (Jul/27/2012) on H4 visa.

Question 1: Do my employer need to re-apply for COS from H4 to H1? Or by default on 1st October my status will be changed to H1?

Scenario 2: Say my H1 is getting approved on 07/25/2012 with effective from October 1, 2012, where approval date (07/25/2012) is before my returning from India (Jul/27/2012) on H4 visa.

Question 2: Do my employer need to re-apply for COS from H4 to H1? Or by default on 1st October my status will be changed to H1?

Question 3: Do I need to go back to India for visa stamping?

Question 4: Do this India travel will affect the H1 approval?

Please help me I am not able to find the proper answer of my doubt and very much confuse.

Arya

[wiweq]

Arya,

Because your starting date is Oct 1st and I assume its subjected to the quota, you don’t need to worry. You COS (H4 to H1b) will occur on Oct 1st. Your travel won't affect this. Read carefully Vanvi's link. It tells the same.

[jonnasn]

the above link Vanvi's post is not working, does some has a valid link?

[puri1914]

Hi All,
Me and my husband are working in IT and I am on H1b Visa.
My husband has taken leaves and would be coming to US in Feb'15 for two months and we will be applying for his H1B through a consultant.
we talked to some of the folks and they told if we find an employer to apply for his H1B and he goes back to india then chances of rejection of his VISA while stamping would be higher. Is that true?
Also in H4 to H1B conversion ,consultant would apply for fresh H1B. is that correct? if H4 will still be valid for that applicant?
In our case would it be "H4 to H1B" or would it be "Applying for H1B from India"?

 

[puri1914]

Hi All,
Me and my husband are working in IT and I am on H1b Visa.
My husband has taken leaves and would be coming to US in Feb'15 for two months and we will be applying for his H1B through a consultant.
we talked to some of the folks and they told if we find an employer to apply for his H1B and he goes back to india then chances of rejection of his VISA while stamping would be higher. Is that true?
Also in H4 to H1B conversion ,consultant would apply for fresh H1B. is that correct? if H4 will still be valid for that applicant?
In our case would it be "H4 to H1B" or would it be "Applying for H1B from India"?

[lakshmikanth1984@gmail.com]

Puri1914,

 

Can you please email me the details of the consultant who is helping you in H4 to H1B COS.

I am coming to Bloomington IL during the 1st week of March. I will be on H4 and want to apply for H1. I need help.

 

my email ID is ***************@gmail.com

 

Thanks