H4 to H1 while H4 extension in process

[kattu786]

Hi,

Currently I am on H4 Visa and I have I-94 valid till 10th Aug 2013 , Visa valid till 31st July 2013.My H4 extension has been filed on 5th July and is pending.My question is :- 

1) If I get a job and employer is ready to do H4-H1 can it be done after 10th Aug (considering that h4 ext is still pending) or I have to wait for H4 extn approval?  

2) If COS can be filed after 10th Aug then am I right in saying that H4 extension application needs to be withdrawn (if H1 approval comes before) ?

 

3) If COS h4-h1 is filed and is rejected do I fall out of status (my h4 extn has already been filed)? 

 

 

[jairichi]

The H1B cap for this year has already reached its capacity. You have to wait till next April 2014 for a prospective employer to file a H1B application to begin employment from Oct 1st 2014.

[kattu786]

The H1B cap for this year has already reached its capacity. You have to wait till next April 2014 for a prospective employer to file a H1B application to begin employment from Oct 1st 2014.

 

Sorry..I didn't mention..I had an H1 before and therefore I am cap-exempt.

[pontevecchio]

You should consider the CP route with a H1 visa.

[kattu786]

You should consider the CP route with a H1 visa.

 

Correct me if I am wrong...You are suggesting that I can go for H4-H1 (CP) anytime and once it is approved I can go for stamping and then reenter.

But what if H4 extn gets approved after I enter US on h1..Will I be back on H4.

[pontevecchio]

If you leave before the H4 COS is decided the COS is deemed denied. Also if you find a H1 sponsor you can leave at that time and come back with the H1 visa since travel nullifies the H4 COS.

[kattu786]

If you leave before the H4 COS is decided the COS is deemed denied. Also if you find a H1 sponsor you can leave at that time and come back with the H1 visa since travel nullifies the H4 COS.

 

In case I do not want to travel , my assumption is that I can only apply for H4-H1 change of status once my extn is approved....or are there any other options.

[pontevecchio]

Based on the pending COS you can certainly have an employer file and get your status changed to H1. Obviously this needs a Lawyer to help.

[kattu786]

Based on the pending COS you can certainly have an employer file and get your status changed to H1. Obviously this needs a Lawyer to help.

 

Correct me if I am wrong..By pending COS you are referring to my pending H4 extn...correct?

[pontevecchio]

Yes.

[kattu786]

Based on the pending COS you can certainly have an employer file and get your status changed to H1. Obviously this needs a Lawyer to help.

 

In this case I think I have to withdraw the pending H4 extn also once H1 is approved....correct?

[pontevecchio]

Yes.

[Ram.rao]

Hi,

Currently I am on H4 Visa and I have I-94 valid till 10th Aug 2013 , Visa valid till 31st July 2013.My H4 extension has been filed on 5th July and is pending.My question is :- 

1) If I get a job and employer is ready to do H4-H1 can it be done after 10th Aug (considering that h4 ext is still pending) or I have to wait for H4 extn approval?  

2) If COS can be filed after 10th Aug then am I right in saying that H4 extension application needs to be withdrawn (if H1 approval comes before) ?

 

3) If COS h4-h1 is filed and is rejected do I fall out of status (my h4 extn has already been filed)? 

Hello ,

 

I am in the same situation. Please let me know what steps you took and how did it work for you. Please advice.

[ShikhaKaks]

On 7/21/2013 at 11:40 PM, kattu786 said:

Hi,

Currently I am on H4 Visa and I have I-94 valid till 10th Aug 2013 , Visa valid till 31st July 2013.My H4 extension has been filed on 5th July and is pending.My question is :- 

1) If I get a job and employer is ready to do H4-H1 can it be done after 10th Aug (considering that h4 ext is still pending) or I have to wait for H4 extn approval?  

2) If COS can be filed after 10th Aug then am I right in saying that H4 extension application needs to be withdrawn (if H1 approval comes before) ?

 

3) If COS h4-h1 is filed and is rejected do I fall out of status (my h4 extn has already been filed)? 

 

 

Hi, Could you please guide me through the steps?