H4 to H1b COS

[mintuambala]

Hi,

 

I am currently on h4 visa (entered US as a dependent). I also finished my masters on h4 visa. My husband is on h1b visa for last 7 years. He has two stages of green card approved. We both have a valid 797 till oct 2015 and valid visa stamping.

I am planning to change my visa status from h4 to h1b via COS.

I have few questions -

 

1. If my COS from h4 to h1 is filed, will I fall under 65k cap (as I mentioned before our i-140 is approved)?

2. Will I be considered as cap-exempt case?

2. When can my sponsor apply for my COS from h4 to h1 (is it any time of the year or ONLY from April to Oct)?

3. Once my COS is applied, for example in April, can I start working immdeiately after I get my receipt number or do I have to wait till October to start working?

 

I really appreciate any help.

Thanks!

[jairichi]

Hi,

 

I am currently on h4 visa (entered US as a dependent). I also finished my masters on h4 visa. My husband is on h1b visa for last 7 years. He has two stages of green card approved. We both have a valid 797 till oct 2015 and valid visa stamping.

I am planning to change my visa status from h4 to h1b via COS.

I have few questions -

 

1. If my COS from h4 to h1 is filed, will I fall under 65k cap (as I mentioned before our i-140 is approved)?

2. Will I be considered as cap-exempt case?

2. When can my sponsor apply for my COS from h4 to h1 (is it any time of the year or ONLY from April to Oct)?

3. Once my COS is applied, for example in April, can I start working immdeiately after I get my receipt number or do I have to wait till October to start working?

 

I really appreciate any help.

Thanks!

1. Yes, you are subject to cap.

2. No.

3. You need to be cap counted once. So, April with a start date in Oct.

4. You need to wait till 1st Oct.

[mintuambala]

Thank you so much for your response.

 

1. I understand that COS can be filed any time of year. Does that vary case to case?

2. Does it not matter (count towards no-cap) that I have I-140 approved and my visa has already extended beyond 6 years (along with my husband) when I file for h1 visa?

 

Please advice.

[jairichi]

Thank you so much for your response.

 

1. I understand that COS can be filed any time of year. Does that vary case to case?

2. Does it not matter (count towards no-cap) that I have I-140 approved and my visa has already extended beyond 6 years (along with my husband) when I file for h1 visa?

 

Please advice.

1. If you are not cap counted even once then COS cannot be done anytime of the year.

2. You never had a H1B visa or was on H1B status and how will you be cap exempt?

[pontevecchio]

1. NO. COS is not the relevant issue. The H1 petition approval with COS is the issue. Routine.

2. H1 is dual intent and Immigrant Intent is allowed.