H4 to H1B change of Status


Surabhi Bramhadev

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Hi,

 

I am right now in H4 status. Have applied for H1B this fiscal year and got my H1B approved July 17, 2014. My husband's H1B is getting expired 30th September, 2014 (But I94 is until 09 Oct, 2014). 

 

When will my H4 status get changed to H1B status?

 

Do I need to apply for H4 extension if I do not get Change of Status by September 30?

 

Now since H1B is approved, I am applying for Jobs. if an offer demands to join the company immediately, can I join before Change of Status, as H1B is already approved?

 

Kindly reply asap since my husband has waited to apply for extension because of these arrangements and his employer has been pressurizing him to apply for extension soon.

 

 

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If your H1B was approved as COS then you will be on H1B status from 1st Oct. In that case no need to apply for H4 extension.

What do you mean by applying for jobs? What happened to the job for which employer filed your H1B petition? Even if an offer demands you can join employer only from 1st Oct.

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First, you HAVE a job, with the employer who filed your H1. It is your employer's task to find projects for you. The employer has to pay you, even if you don't have a project yet. So, it is in the employer's own best interest to have a project lined up for you on Oct. 1. You can only start working on October 1.

Second, if the H1 was approved with COS, it has an I-94 at the bottom. The start date of the H1 status is listed there.

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