Filing H1B without requesting change of status

[nvedia]

Hi guys

My spouse is on H4 which is valid till Dec 2014

If employer apples for H1B without requesting changing of status

Is it true that we can apply for change of status(H4 to H1B) on March 1,2014 and when she gets approval for change of status, she can start working on H1B?

Is there a need to leave the country or all this can be done by staying in US itself?

I know that if change of status gets denied, she will remain valid on H4 status

[JoeF]

Why would an employer file an H1 without COS? Does the employer not want the person to work there?

[nvedia]

Because the candidate in question is pregnant(delivery in November) so she cannot work till Mar 1, 2014

[wiweq]

Looking at current stand of USCIS on H1bs, an H1b with no COS is less likely to be approved. H1b with no COS means, beneficiary has no fix date/ project to start the work.

[nvedia]

Looking at current stand of USCIS on H1bs, an H1b with no COS is less likely to be approved. H1b with no COS means, beneficiary has no fix date/ project to start the work.

Thanks,

Any data to prove above statement?

What about those H1B's where candidate is in India (and which are filed by Indian companies) and travels to US after one year or sometimes after 2 years of petition start date? Its a similiar scenario

[Attorney_25]

This is possible. Keep in mind that if employer doesn't have work for the beneficiary starting October 1, a petition with an October 1 start date is less likely to be approved. Another option is to change status on October 1, be hired, and then take maternity/medical leave.

[JoeF]

Because the candidate in question is pregnant(delivery in November) so she cannot work till Mar 1, 2014

For an H1 to be filed in October, the employer (if it is a consulting company) would have to show that he has a project for the person in October.

If the person doesn't intend to work from October, that could be seen as immigration fraud, or USCIS could deny due to a lack of a real project.

[rahul412]

Thanks,

Any data to prove above statement?

What about those H1B's where candidate is in India (and which are filed by Indian companies) and travels to US after one year or sometimes after 2 years of petition start date? Its a similiar scenario

They don't need COS, but your case is COS.

They are direct H1 but yours is H4 to H1.

[wiweq]

Thanks,

Any data to prove above statement?

What about those H1B's where candidate is in India (and which are filed by Indian companies) and travels to US after one year or sometimes after 2 years of petition start date? Its a similiar scenario

=> That’s why H1bs from Indian companies are failing. In recent days even big companies have to show the project while filing H1b. USCIS requires valid work/ project/ job for H1b approval, and any valid work has valid date to start. Go through the old posts on this forum to get the data showing that, no H1b without valid work.