You are here:

Immigration Issues/H4 to H1 Change of status.. While H1 Petition Pending

Advertisement


Question
QUESTION: Hi,
Currently i am on H4 Visa, my H1 visa has been filed in US Consulate for 2012 cap. Hopefully if my petition gets approved, can i start working in US? Do i need have my status changed from H4 to H1 before working? If yes kindly tell when is the correct time to file I 539 form for the same (once H1 petition is approved?, or i can file before that?) What is the time required for Change of Status request to get approved?

ANSWER: Dear Renuka:
Once H1 is approved, your status gets changed automatically - you would not need to file any COS application.  

Best wishes,

Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  


---------- FOLLOW-UP ----------

QUESTION: In this case can i start working if my H1B Petition is approved only and i did not go for Stamping? Can you please let me know this specific memorandum in USICS as my employer is asking me to travel back to my home country to get the visa Stamp.

Answer
Once your case is approved, you may start working in the U.S. (if you are already in U.S) unless your approval notice says otherwise or your case is filed to be processed from abroad [at the consulate].  

Please note, your question is case specific for it to be answered meaningfully on a forum. I recommend hiring an immigration attorney on a retainer basis to provide on-going support as undoubtedly it will be needed since you are delving into a murky area of the law.

Best wishes,

Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

©2016 About.com. All rights reserved.