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H1B amendment fees for H4 to H1 status change

West Long Branch, NJ |

I am working in US on an H1B. My wife got an offer from an employer and her H1B is approved. They did her H4 to H1 status change based on her old I-94. But she is not in US at the moment. So, the same employer will file for an amendment when she comes back next month.
How much is the USCIS H1B amendment fees? Is it $325 or more, for the same employer, same location, same position, same job description.
Also, can she get her H1 stamped at the moment, and if so, do they still need to amend?
- Thanks in advance

Attorney Answers 3

Posted

I think I am not understanding your question. If your wife has an approved H-1b at this time, and is out of the country so her change of status from H-4 to H-1b was not granted, she needs to go to the embassy for her H-1b visa endorsement.

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4 comments

Asker

Posted

Thanks for the response. They filed for FY 2013, and visa was approved last week. The employer has said: "I received your visa approval notice. Can you please let me know when you plan on returning to the US? It will determine our next steps in activating your H-1B since you were out of the US when we filed your change of status." Once she comes to US on H4, they will file for an amendment. How much can the USCIS fee be in that case? - Thanks

Rebecca T White

Rebecca T White

Posted

If the H-1b has been approved, she should come in on H-1b. If she plans to return prior to the H-1b start date, then she will need to enter on the H-4 and then either change status or return to the consulate for the H-1b.

Asker

Posted

Thanks again Rebecca. If she gets the H1B stamped, do the employers still need to file for any amendment/change of status, as her old I-94 mentioned in the approval-notice is not valid?

Rebecca T White

Rebecca T White

Posted

If she does not return until she is entering on the H-1b, then nothing further would be required.

Posted

I share the confusion of Ms white

Did she file for fy 2013?

Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/

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2 comments

Asker

Posted

Thanks for the response. They filed for FY 2013, and visa was approved last week.

Asker

Posted

Hi Neil, I am also in the same boat. Please help, I am really worried. I just got my H1B approved, which was a new but not COS. Can I file an amendment petition now, requesting for a change of status and location change? Thanks, Vijaya.

Posted

There is no such thing as an "amendment fee."

Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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