change of Status (H4~H1) along with RFE submission is possible?

[onsprasad]

Dear Shah Peerally,

Thanks a lot for your suggestions/ideas in 1170 on immigrant queries, my question is find below.

I have filed H1B when I was in India and came to US recently on H4 visa, Now I got RFE for my H1B and need to submit RFE evidence

1) can we submit COS (H4 ~H1) along with RFE evidence to USCIS, since after H1 b approval again I need to submit COS and it takes 2 to 6 months time, to avoid this can i submit COS along with RFE

2) if answer is "not possible" for the above question, is there any Premium processing for COS (h4~h1),

Please suggest me

Thanks
Prasad

[shah]

Dear Onprasad,

Thank you for listening to our KLOK show. As you know we also have a 24/7 radio show running at http://attorneyonair.com

After some thinking on your case, I think there is no harm to ask the USCIS to change the H1B petition from a consular processing to a change of status to H1 from H4. This is what I think you should do although we have never done something similar:

1. Ansnwer the RFE and put a good letter as how you want to change from H4 to H1
2. An amended copy of the I-129 petition and
3. A copy of your I-94 H4

Honestly I do not know if it will work but it might because the LCA has not changed .
I wish you good luck and keep us informed of what happened

Thanks

[onsprasad]

thanks a lot shah for your immediate answer,

[shah]

Thank you for posting. Feel free to post more questions.
Shah

[onair]

This is very interesting to know...I know someone who tried this but was still denied the change of status. They mentioned consular processing.

[shah]

Dear Shah Peerally,

Thanks a lot for your suggestions/ideas in 1170 on immigrant queries, my question is find below.

I have filed H1B when I was in India and came to US recently on H4 visa, Now I got RFE for my H1B and need to submit RFE evidence

1) can we submit COS (H4 ~H1) along with RFE evidence to USCIS, since after H1 b approval again I need to submit COS and it takes 2 to 6 months time, to avoid this can i submit COS along with RFE

2) if answer is "not possible" for the above question, is there any Premium processing for COS (h4~h1),

Please suggest me

Thanks
Prasad

Our Video Answers

[onsprasad]

Hi Shah

My H1b got approved but they rejected my COS H4 to H1 because I was in india when H1 filed.
So what is my next procedure ,

1.can we submit I-539 form for cos from h4 to h1 or
2.To submit new form (h1 cap exempt) with existing I97 approval and i94 docs

Which process suits me for cos smoothly

I would need your suggestions on this

Regards
Prasad

[shah]

There is no change of status of course when you are outside the US. To change for H1 to H4 a new H1B has to be filed. And if you have already made it through the quota, you do not need to wait April 1. At this point, it will be wise to call us at 510 742 5887 for a full consultation. There are too many small issues which need to be addressed. One small mistake might cost you.
Thanks

[onsprasad]

There is no change of status of course when you are outside the US. To change for H1 to H4 a new H1B has to be filed. And if you have already made it through the quota, you do not need to wait April 1. At this point, it will be wise to call us at 510 742 5887 for a full consultation. There are too many small issues which need to be addressed. One small mistake might cost you.
Thanks

Hi

Currently iam in US only, my H1 got approved and now I would like to change the status from H4 to H1
My question is

1.can we submit I-539 form and do the COS or
2.Do i need to do H1 amendment along with approved I797 and i94 docs

Please share me your advice.

Regards
Prasad

[shah]

No you need a new H1B. Unless we look what your attorney has done in the case, it will be impossible to tell you the right path. The only good thing, you are Cap Exempt.
Shah

[onsprasad]

No you need a new H1B. Unless we look what your attorney has done in the case, it will be impossible to tell you the right path. The only good thing, you are Cap Exempt.
Shah

Thanks for your advice