Hi,
I want to know the consequences of my case .
I may not travel to US before April 2015 so have to apply H1 from India itself. So whiley h1 is in process , can I travel to US with my H4 visa?
What happens after my H1 gets approved while am on h4 in Us but H1 was done from India. ?
Does it automatically get converted from h4 to h1 ? Can I start working from October directly with I797 ? Stamping is reqd only if I move out of country like the case for h1s that are applied from US for h4s ?
Or Any additional fees or going out country for stamping reqd because i entered on h4?
Please help.
Hi,
You can enter on H4 visa after Arpil 2015.
for your case, you will not have I 94 card ( H4 entry ) while applying fresh H1. Once your H1B petition gets approved, your status will not get automatically changed to H1.
You have two options after H1B approval
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You employer need to file Change of status after H1B approval. ( Easy option)
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You need to leave US for H1B stamping and enter on H1B visa ( This option involve risk of 221g administrative process )
If you come prior to April 2015, change of status can be applied with H1B petition. ( As person will have H4 I- 94 details) . Your status will get automatically change to H1 in this case. Your H1B petition will have new I 94 ( H1B).
This is my opinion only.
Thanks,
Pranav
Thank you so much Pranav.
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What wd be the approx fee for this change of status.? Is it sure shot to change the status without any risk ? So does this process happen in US in general.
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can I appear for stamping in Canada or other and not in India. Or same 221g risk is involved ?
I am more interested in ur first option itself but just want to know the success rate, fees and timelines.
Please reply.
Thanks.