H4 to H1 COS

[pravinperala]

Hi,

Right now I am on H4 visa. In April 2013 I applied for H1B visa. I know that I shouldn't leave US while my h1 petition is in process. In May 2013, because of some emergency I went to India and I returned on August 31st 2013. My H1 got approved on August 30th. Before leaving India I don't know that . Even my employer don't know that my H1 petition got approved. I didn't get I-94 with I797 because I was in india. While I was entering US I got the I-94 on H4 visa.

Now what are the options? can I file for change of status? or should I go out of US and attend the stamping?

Thanks

Praveen

[jairichi]

Hi,

Right now I am on H4 visa. In April 2013 I applied for H1B visa. I know that I shouldn't leave US while my h1 petition is in process. In May 2013, because of some emergency I went to India and I returned on August 31st 2013. My H1 got approved on August 30th. Before leaving India I don't know that . Even my employer don't know that my H1 petition got approved. I didn't get I-94 with I797 because I was in india. While I was entering US I got the I-94 on H4 visa.

Now what are the options? can I file for change of status? or should I go out of US and attend the stamping?

Thanks

Praveen

You are in H4 status now as COS to H1B was denied due to your travel. Either travel outside US, get a H1B visa and enter or employer applies for COS by filing a petition along with H1B fees.