H4 to h1 with active petition


I have my h1b extenstion petition approved but not stamped as I could not get right opportunity So I came to USA back from India on h4 as my husband’s dependant during my maternity break. Now I have valid h4 visa till 2017 and valid h1b petition till December 2015. If I get opportunity from my employer can. I work even though my active h1b not stamped?

  1. Or should I do a change of status fromH4 to H1b?

  2. If I do a change of status what would be my H1b end date 2017 or December 2015?

  3. If I would get same end date as my H1b petition December 2015 which is just two months away? Can I file for change of status and extension at once in premium or need to wait for the conversion first?

Also please let me know if change of status need to be done before my h1 b petition expires I.e December 2015?

Please advice how to get back to work as I have opportunities waiting.

  1. Since you already have valid H1B, if you find a job, you have to file extension with COS and can start working.

  2. Yes…you have to

  3. It completly depends on the attorney how he files and luck from USCIS

4.you wont get the same if you file extension with cos. In very rare scenarios in this type of COS, to start working you need to move out of the county and get your H1B stamped. Regarding this point alone one more time double check with your attorney.

Thank you so much for your answer.

Can you please reply for the last question too.

Should I file an extension with cos before my petition expires.? What should I do if it expires ?

yes… you can. If you file before (atleast a month before the expiry), you would be at the safer side…
If it expires also not a problem, since you havent utilized that you would fall under cap exempt. so later on you have to apply with that for a fresh one as of my knowledge

Thanks again.

I have been working on h1 from 2012-2014 , this is just my extension petition , if this petition is unused can I still apply an extension with cos or need a fresh one? I believe I would not fall under cap since I already worked under h1.Please correct me if wrong.

Also can you please advice from when I can start working after filing extension with cos or only after approval?