H4 to H1 transfer/COS

[PR12345]

Hi,

 

I work for an Indian organization and they had applied for my H1B visa in March 2014. I got married in May 2014 and am currently in US on a H4 dependent Visa while on a sabbatical leave (still employed with my indian organization). My company received the approved petition for my H1B in August 2014. Please help/guide me with the following questions/doubts regarding further course of action:

 

1. What is the process of the H1B stamping in such a scenario? Am I required to go to India & get the H1B stamping done there? 

 

OR 

 

2.Does my H4 visa automatically gets converted to H1B on the approved H1B petition starting date. Does my employer has to file Change of Status (H4 to H1) If yes, what’s the process and cost involved for COS? What’s the time frame for COS. Please share any USCIS link available which explains this issue in detail. 

 

A quick response will be much appreciated.

 

Thank you.

[jairichi]

1. Yes.

2. No, it will not. Employer has to file COS to H1B and it takes 3 to 4 months by regular processing and 15 calendar days by PP. Cost is not your conern as it has to be borne by employer.

[itsmeusa]

1. You need to travel to India and get H1b stamped in your passport. This is one scenario.

2. Second case - when your H1 was applied on Apr 2014, definitely it was a fresh H1b and not COS from H4 to H1b. So your H1b approval is just plain H1b approval, not COS. Now that you are already in US and on H4. You need to ask your employer to file COS from H4 to H1. Once COS is approved, you can join your employer. Check with employer the cost etc. Checking USCIS link and taking action on your own won't help. This has to be done by employer.