Reg COS from H4 to H1 if i travel on H4 after h1 is filed

USA H1B Visa
1

Hi,

Can you pls answer my below queries.

  1. I have h4 stamped in dec 2012(till sep 30 2013) but as my husband cant travel till april end,i am planning to file my new h1(w/o COS) in april 2013,if i travel to US in may 2013 on h4 can i apply change of status(as i just traveled after applying my h1,h4 was stamped before itself so there was no ideal status change after application of h1)

  2. Approximately how many days will change of status take to get the approval???

  3. Can change of status be applied before h1 approval itself or do we need to wait till h1 is approved??

4)If my h1 gets approved in aug 2013 and change of status is applied(imagine i wil travel to US on h4 in may) in aug,and if its process even after sep, can i stay in US after sep 30 2013 as my h4 gets expired on sep 30 2013.

  1. Can h4 extension be filed when COS is in progress.IF no and if change of status in denied do i need to return back to india as i dont have any valid visa after sep 30 2013.

Thanks,

Keerthika

2

  1. Usually you cannot change the petition from w/o COS to w/ COS after it has been filed and is still pending. Once the petition is approved, you can file a separate COS from H-4 to H-1 or enter US on stamped H-1 visa. However, I also remember a case where the person initially filed w/o COS, RFE was issued for something and the employer responded to RFE along w/ request to change to w/ COS. USCIS approved the COS in that case. This is something you can discuss w/ your attorney and try.

  2. COS by itself takes 2-3 months. However, if accompanying H-1 petition is also filed, then it takes 2-6 months.

  3. See #1

  4. Yes, as long as you have a pending COS application w/ COS. If no COS is filed or is denied before Sep 30, then your H-4 extension needs to be filed timely.

  5. It can be filed in parallel but then it starts the race scenario. The petition that gets approved later will determine your eventual status. If no extension is filed and COS is denied and your I-94 expires, then you need to leave US ASAP.

3

Thanks for the replies.Can COS be applied in premium after h1 is approved??How long will it take??How much will it cost.Is it 1225$??