h1b Petition approved but not stamped while i have Valid stamped H4 till 2014

[manish_428@rediffmail.com]

1. I came to US in dec 2010 on H4. and stayed till Nov 2011. went back to India.I got H4 stamped again in Nov 2011 which is valid till 2014.

2. My Indian company applied for H1 in April 2012 while I m in India. I got my H1 petition approved in August 2012.

3. I am still in India. I have H4 stamped on my passport and H1 petition approved.

4. Since I have got my H1 petition approved so it cancels my H4?

5. If H4 is still valid, and I travel to US on this H4 then will it cancel my H1? Or I have to go for H4 to H1 transfer?

6. From where can we done H4 to H1 transfer and how many months it will take take for this change of status.

Please help us with above questions .

Thanks

Manish

[pontevecchio]

You can come over in H4 status if you wish and look for a H1 sponsor assuming your spouse is in valid H1 status. That would be not subject to the cap.

[manish_428@rediffmail.com]

Thanks so much ...pontevecchio ..

I just need to know as

1. How much is the fees for change of status from H4 to H1 if i come on H4 ( as H1b is already approved).

2. My current employer(who filed my H1b) is not gonna give me I797 copy. Is it sill possible to do a change of status without I797.

3. How long does it take for change of status from H4 to H1.

Manish

[pontevecchio]

A lawyer may help. FOIA may help. Asking the company may help. Offer to join the original company.

[manish_428@rediffmail.com]

Hi Pontevecchio,

Thanks for your replies so far as these have been helpful.

We are now in another issue as the current company that filed my H1b is not gonna give me 797 approval notice and other H1b documents if i travel on H4.

So i m looking if another company say B agrees to give me a job, can they request COS for me from H4 to H1 using my receipt number that I have from current employer H1b.

Thanks

Manish