Immigration Issues/COS from H4 to H1B


An Indian Company sponsored for my H1B and I got Stamped in India last December(2006).I never travelled to US. However I resigned my Job in India in April 2007 and got married and moved to US in July 2007 as a dependant with my H4 visa stamped.
My Question goes here,
i) How can i know that my H1B is not cancelled? Also I have my I-797 petittion papers of my H1B.

ii)If my H1B is valid, can I find a consultant and go for a COS from H4 to H1 and if I do so how long will it take to get it transferred?(I don't have any paystubs in US, as i entered US in a H4 Visa).

iii) Is there any time span before which I have to apply for a change of status if I intend to work from November 2007?

Please help me in clarifying my queries.
Thanks in advance for your help.

Answers to your questions are 1) You can call the H employer and check if he has revoked your H or not. I am not sure why this information is relevant. 2)Since you are currently in H-4 status you need to change to H-1b status before you can work. Your prior H-1B approval does not allow you to work.3)I would suggest that you go ahead and try to get a fresh H-1B arguing that since you have been counted you are not subject to the H-1B quota.

Ramasamy Krishnan
Ashley & Krishnan
9801 Westheimer
Suite 302
Houston, TX 77042

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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