Hi,Could anyone please help me with the situation below:1. I got through H1B lottery in 2013 and came to US on H1B in Feb 2014. 2. I was working till Feb-2015 in US on H1B and went to India in Feb-2015 for my delivery ( I have all valid paystubs with me for this period till Feb-2015)3. Spent time in India from Feb-15 to Nov 15 and got H4 stamped for my daughter and myself in Oct-154. Entered US on H4 visa in Nov-20155. Now I want to start working again while I am in US using H4 to H1 COS. My H1B petition is valid till Oct 2017. One of employer with whom I am in discussion with is demanding H1B to H4 notice of approval (or any proof or confirmation) - but I do not have any of this. Because I came from India and they did not ask or gave any of this.5. Why is he asking me for this document? and What could be issues to convert from H4 to H1 in my case?
Either that employer doesn’t understand your situation or he is unaware of the rules. You are correct - there would be no H-1 to H-4 COS approval document as you entered US on H-4.
Try explaining this to him. If he doesn’t understand then maybe talk to his attorney and explain the situation to him.
At times, small consulting companies hire people who are not very knowledgeable about the breadth of immigration laws and just go by a script.
Thanks Saurabh for your response. Do you see any other issues with my case for H1 transfer and H4 to H1B COS together?
No additional issues. They will still be subject to regular rules just like any other petition.