Hi,
My wife has got a H1B interview with my daughter for H4 in June and she is planning to travel in June. I have a H4 appointment in July. I also have my application picked in
H1B lottery. Currently my H1B is processed from Vermont center.
What is the approximate timeline for change of status processing from H4 to H1B ? My employer through which H1B is picked is stating that change of status will be done in 1 month and should be eligible to work after that.
I am looking for a advise on a better option :
- Should I travel on H4 to US and apply for change of status ?
- Should I wait till my H1 process is completed, get it stamped from India and then travel in Oct/Nov ?
- Is there any other option that I can look at ?
If this is your 1st time H1B, the change of status will occur on 1st October. However if you file H1B petition with change of status and then travel outside of the US, the change of status will be denied however it should have no impact on H1B petition.
Ideally you should do COS after travelling however if this is first time H1B, there is a 90 days time limit to file the petition so based on the timing of your travel, you will need to make sure the petition is filed within 90 days.
You can also opt to file the petition with consular processing (no change of status) at this point, travel and come back on a valid H4 visa and then ask your employer to amend the H1B petition to do change of status.
This is your choice provided you are able to get an appointment. As you hold a US visa in past you may be eligible for dropbox till 31st Dec’2022.
Talk to your immigration lawyer on what makes the most sense in your case.
If I were you, I would file for H1B with COS once I am back provided I will have enough time to do so due to 90 days time limit.