H4 or H1. Got H1 under MS Quota for 2013. H4 to H1 status change question

HI Saurabh,

I am an H4visa holder and my H1 is right now approved with a consultant (I got H1 under the MS quota as I did my MS there).  However right now am in India working for one IT firm. I am a MS holder and worked in US for some time and I have no intentions to settle there even now but just to accompany my wife in her career aspiration. My wife is already there on an H1 and thru an IT MNC. I have quite a few questions which I would list out for you to answer easily;


1)      I plan to go to my wife in Aug/Sept  on H4 status after putting down my papers, once I reach there and find a suitable job I would file for COS, is this possible?

2)      Am not really happy with my consultant in particular I would rather want a direct job with a better pay so would it be possible to move consultant when am there? However I don’t have any documents as such but just the application ID

3)      While am at immigration would I be questioned about entering US on H4 after H1 being approved and has no stamping?

4)      My consultant was suggesting I would have to come back for H1 stamping, is that right?

I would appreciate your answer, Thanks you in advance

  1. Yes. However, you already have the job w/ the company that filed your H-1. They are your employer. You may want to search for projects (if that’s what you meant). COS processing takes 2-3 months and no PP service is available when filing just the COS. If you change employers, then new employer can file the petition w/ COS and PP option is available for this.

  2. Its best to have a copy of the approved petition. If not, the new employer can use the receipt number and print out of USCIS website showing the status as approved.

  3. They usually don’t ask about it.

  4. Either the COS needs to be filed and get approved; or you have to return for H-1 stamping and then enter on that visa.