Hi ,
The article on this website clearly explains the process for H4-H1B COS and vice versa.
my question is inline with H4 -->H1B status change.
My current status is H4 and have H4 EAD (Valid until 11/02/2020)and currently employed.
My Employer has filed H1B COS (New H1B - CAP )with start date of 10/01/2020.
If we file H4/H4 EAD as well now …
if H4 approval date > H1B approval date = H1B will be my final status .
if H1 approval date > H4 approval date = withdraw H4 application .if we could not withdrew the H4 application on time and H4 /H4 EAD is also approved , H4 is my final status , in this case , My attorney is saying continue working on H4/H4EAD status, when you go out of the country apply H1B stamping ,with the i797 of H1B and and thus your status will be changed when you enter US with a H1B visa . is this true ? and is this process similar to how we apply for H1B at any US consulate ? any exception /clause which can lead to a problem in changing the status ? Thank you.