converting consulate processing to COS

[master123]

i am currently in us on h4 visa and planning to apply h1b this april 1,2013. My employer is planning to file h1b for me on this april 1,2013. for some reason, i have to travel to india from mid of march to mid of april. My employer will file h1b on April 1, 2013, but i will get my visa approved with consulate processing. Can you please let me know if there is any step involved of changing the consulate processing to COS, when i come back from my vacation.

I am highly confused, don't want to miss this year h1b window?

Any help, will be appreciated?

also, Please let me know if i postpone my vacations my vacations by one month?

[Attorney_11]

Assuming the consular processing H-1B petition was approved, one would be required to re-file the H-1B petition if one wanted to request change of status after the fact. There would be no issue with the H-1B cap. If change of status is preferred, it is possible, and could be effectuated by delaying travel and taking one or two other steps. One should schedule a consultation with an immigration attorney to develop a personalized strategy and determine what steps to take.