Regarding status change of Visa


I wanted to check, if i travel on h4 visa, what is the procedure of getting a work permit there?

And how much time does it takes to get d work permit. Does it falls under the normal category of h1b petition filing or is there another way like you have mentione COS

Please help me understand it better



as of now you can not work on H4, you need to find a sponsor who is willing to file change of status from H4 to H1. if you have never had H1 then this would be counted aginst the H1 cap starting in april this year. If it is in premium processing it would take 15 calendar days to get a decision else it may take anywhere between 2-6 months. Once you get your H1 you can start working on or after October 1

do i need to come to my own country for the stamping or it will done in US itself?

When the COS gets approved, you don’t need to get H-1 visa stamped immediately. You need to get it stamped only when you travel outside US next time. Also, for stamping you should go to home country as this will be your first H-1 stamping and you haven’t done Masters in US.

Thanks for your help Saurabh… so after getting the COS, do i get eligible to work there?

Yes, you can start working on H-1 from COS effective date.

How much is cost to file H1 via a consultant and not any company?

Irrespective of who files, the filing employer needs to pay for the H-1 fees.

Here is an article w/ fees details (although it is for FY-13, fees hasn’t changed for FY-14)

Also, say when the h1b petition is filed, the person is on H4 can that person travel back to the home country?

If you travel while your H-1 is pending, then COS will be abandoned. You will have to return on stamped H-1 visa or return on H-4 visa and file for separate COS once H-1 petition gets approved.

If you leave US after your H-1 has been approved w/ COS and return on H-4 prior to Oct 1, then you will still be considered on H-1 from Oct 1 and don’t need to take any additional steps.

Ok… also, if some company applies for my h1 from US when I am in my home country… can i still travel for the first time to US on dependent Visa, while h1 is in process? Say some ABC company filed for my h1 from US in April… can i apply for dependent visa parallely say in May and travel to US on h4?

Thanks for your help

Yes, that can be done.

thanks for the replies Saurabh, is there any documentation for this in USCIS website?

I don’t know of any documents on USCIS website. You can check w/ an attorney if you like.