H4 to H1 COS when H1B petition is about to revoke


Could you please help me getting answers for following situation.

  1. Company A applied H1B for me in April 2014 and it got selected in lottery.

  2. I came to US on H4 visa ( Since my spouse hold H1B visa) in June 2014.

  3. My H1B petition got approved in Sep. 2014. I went homecountry for H1B stamping in order to start work in US

  4. H1B visa stamping was put on hold with administrative process. My case got updated in november 2014 with following notes

“We have sent back case to USCIS for further review and possible revocation”

  1. I moved to US again on H4 visa. Employer is saying they will apply change of status from H4 to H1B in pemium proces

Question: What are the chances of approval of change of status? Can I look another employer who can apply change of status (H4 to H1B).

USCIS seems to have some information on this employer that caused present outcome. However, if employer is wanting to go premium processing route, that shows confidence and the fact that they have experienced similar situation in past. Denials in H-1B class are always employer related so you don’t need to worry. Move this story a bit forward and then decide on switching employers.

Best wishes

Dr. Sandeep Shankar, Colorado Heights University, www.chu.edu