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  • H4 to H1 transfer

    Now i'm in H4 and i would like to transfer my H4 to H1. what are the procedures for that?
    do i need any previous work experience to apply for H1 transfer?
    what wil be the expenses?
    How long it wil take to get transfer? Once transfered do i need to do the stamping soon or is it like i can do the stamping when i go outside US?
    if i fail in lottery can i stay in US with my H4?
    is there any rule like it is compulsory to get a job soon once i get my H1? what happens if i didint get any job?

    thanks in advance
    A

  • #2
    Originally posted by ann6600 View Post
    Now i'm in H4 and i would like to transfer my H4 to H1. what are the procedures for that?

    ------US employer who has job for you can file H4 to H1 change of status with USCIS. at this time many H1 are being rejected. if the employer has hob and can pay you once COS gets approved then only go for COS from H4 to H1.
    do i need any previous work experience to apply for H1 transfer?
    what wil be the expenses?
    -------Employer has to pay the lawyer and USCIS fees. may be about 3000.
    How long it wil take to get transfer?
    -----2-4 months from the date petition reach USCIS.
    Once transfered do i need to do the stamping soon or is it like i can do the stamping when i go outside US?
    ------- if USCIS approve COS and you get I-94 attached with approval notice then you can work in US and next time you go out you will need visa stamp to enter US.
    if i fail in lottery can i stay in US with my H4?
    ------ you can stay if employer file fresh H1 and not COS from H4 to H1
    is there any rule like it is compulsory to get a job soon once i get my H1?
    -------H1 is for job, if you feel you will not have job and will not get job and will not be paid then you will be out of status.
    what happens if i didint get any job?
    -----out of status and will not be able to file again H1 to H4 COS in US.
    thanks in advance
    A
    At this time USCIS is after consulting companies’ .USCIS sends long list of documents in RFE. If you are not sure that you will get job on H1 and be paid then don’t go for H1.
    Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.

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