H4 to H1 Transfer while in USA


I have applied for the H1B visa in 2012 June and the status is now the petition is approved. But I did not go for the stamping.

Now currently I am outside the USA and my spouse has the H1B and I have the H4 Visa stamped.

If I will travel to US using the H4 and If I wish , Can I change the H4 to H1B after enter in to US?

How much time is required to do H4 to H1 transfer? I am the first time H1 petitioner.

Should I go out of USA to do the transfer? After which stage I can start work in USA?

Thanks in advanceā€¦

Is your petition got approved with I94 attached in it ? If so you are already in H1 status.

do u mean ur h1b approval required 11 months?

You are currently outside of US. You can return on H-4 visa and file for H-4 to H-1 COS. If you want to change employers, then this needs to be accompanied w/ H-1 transfer (cap-exempt H-1 petition), else it may or may not accompany H-1 extension (depending upon when the current petition expires).

You can start working on H-1 once this COS gets approved. Typical processing time is 2-3 months assuming no RFE is issued.

The other option is to go for H-1 visa stamping and then travel on that visa stamp to work on H-1 from Day 1.