H1 to h4 to H1 ; exempt from cap? anyone actually got approved?

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neeta1

Registered Users (C)
Hi ,
I was on H1 visa for 3 years.I resigned last year and is currently on H4 Visa.
Now I have got a job offer.
1)Can we apply for h1 B visa now without waiting for fresh quotas? (am I exempt from the H1B cap)

I saw Yes in some really old posts. But is it true in Year 2006 also?Because company attorney has raised objection & said that it is immpossible showing H1 Cap memo by INS for this year .
Are there any documents which supports the facts?

Please help, it is urgent. I need to find the facts and persue this or I will loose offer.

I checked I 129, and under " Numerical limitations Exemption Information" Has the beneficiary of this petition been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the United States for more than one year after attaining such status?.

Is it same thing? Are there any other document available which support that we can file?.

IF Any one reading this Thread had same case? Please telll if , you actually got VISA?
 
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This rule is not on year by year basis.
Here is some link(though not from authority).
http://www.immihelp.com/visas/h1b/

Following beneficiaries of approved H1B petitions are exempt from the H1B annual cap:

* beneficiaries who are in J-1 non-immigrant status in order to receive graduate medical education or training, and who have obtained a waiver of the 2-year home residency requirement, or
* beneficiaries who are employed at, or who have received an offer of employment at, an institution of higher education or a related or affiliated non-profit entity; or
* beneficiaries who are employed by, or who have received an offer of employment from, a non-profit research organization; or
* beneficiaries who are employed by, or who have received an offer of employment from, a governmental research organization; or
* beneficiaries who are currently maintaining, or who have held within the last 6 years, H-1B status, and are ineligible for another full six year stay as an H-1B; or
* beneficiaries who have been counted once toward the numerical limit, and are the beneficiary of multiple petitions.
 
Thanks for reply. I talked with my company lawyer. he said you can do it.. but have consistently found the INS denying the cases.
he said 99.9 % chances are these cases are denied.

Do you know anyone who got h1 succefully from H4 without cap?
Please help
Thanks
 
I personally do not know anybody, but I saw in this borad the guy who were exactly
in the same situation as yours and he reported he could transfer w/ no problem.. It was probably a thread more than a year ago.
Try search it on this forum.
 
Thanks Much for your help!
Looks like my company is going to file through another lawyer through premiun Processing.
Hopefull everything goes well.

Thanks again for replying.
 
hey Neeta

what all did you need to convert from h1b to h4? i got my h1b done but cannot work now due to health reasons so am planning to get back on h4. i would really appreciate if you could let me know the process and the requirements for converting to h4.

thnx
 
Hi, You need to fill "I 539 " Forn, Application of change /EXtend Non immigrant status.
You can download it on uscis.gov - forms page

You would be needing your spouse I 94,passport pages, approval,I 797,marriage certificate.I think your last paystubs etc.
Pls check the form for all info.I dont remeber all the docs ,My case was filed by my spouses company attorney.
Hope it helps.
 
Hi friends,

Please help me with my case
---------------------------

I came to US for 3 months project through my Indian company which filed my H1b. Then after 3 months I went back to India and after 4 months of that, I got married and came to US on H4 status with my husband.

Now when I am in US on H4 status, I got a job offer but the company's lawyer says that they can not convert from H4 to H1. I did mention to him that I was having H1 earlier which is still valid till 20100.

Is it possible to convert from H4 to H1 without going through H1b cap???

Am I correct that he will need form 1-539 from me. PLEASE REPLY ASAP this is very urgent or I might loose the job.

PS: My H1b was valid till 2010.

amit.seh@gmail.com

-thanks a ton for help,
 
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