H4 - H1 (2004)

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nhari77

New Member
Hi,

My wife has an H-4 visa and wants to convert her visa status to an H-1B. I have a few questions regarding this.
a) What is the exact process to apply for an H4 - H1 conversion?
b) Is it the same as a regular new H-1B application?
c) Does H1-B cap apply for this situation?
d) If yes for questions c), Since the H-1B cap is reached for this year, will that affect this application?
e) If yes, then when can she (employer) apply for the new H-1B and when can she start employment?
f) In the meanwhile, she is planning to travel to India on her current H-4 and get a multiple entry stamp in India (I recently switched jobs and got another H-1B approval notice with the new employer). Is that okay?
g) Can she start the H-1B processing during that time or should she wait to return back into the US on the current H-4 before starting process?

Thanks in advance,

HN
 
Originally posted by nhari77
Hi,

My wife has an H-4 visa and wants to convert her visa status to an H-1B. I have a few questions regarding this.
a) What is the exact process to apply for an H4 - H1 conversion?
b) Is it the same as a regular new H-1B application?
+++++++++++Same process.

c) Does H1-B cap apply for this situation?
+++++++++++++++++++Yes

d) If yes for questions c), Since the H-1B cap is reached for this year, will that affect this application?
e) If yes, then when can she (employer) apply for the new H-1B and when can she start employment?
++++++++++++++++Rad the threads here.

f) In the meanwhile, she is planning to travel to India on her current H-4 and get a multiple entry stamp in India (I recently switched jobs and got another H-1B approval notice with the new employer). Is that okay?
+++++++++++++++++++++Yes. As long as you have an H-1 visa stamp, she should OK.

g) Can she start the H-1B processing during that time or should she wait to return back into the US on the current H-4 before starting process?
++++++++++++++++++++Either way. The earlier the better.

Thanks in advance,

HN
Click to expand...
 
H1-H4-H1

Hi,

Question on the similar lines as asked by nhari77.

My wife was on H1 till Aug2003 and then changed to H4. Can she again change back to H1 while the H1-b cap is still in place?
(Asking this question because one of my friend gave the logic that her H1 was calculated in the cap so in this case of H1-H4-H1 transfer, cap should not matter.)

thanks
new_2004
 
Re: H1-H4-H1

Originally posted by new_2004
Hi,

Question on the similar lines as asked by nhari77.

My wife was on H1 till Aug2003 and then changed to H4. Can she again change back to H1 while the H1-b cap is still in place?
(Asking this question because one of my friend gave the logic that her H1 was calculated in the cap so in this case of H1-H4-H1 transfer, cap should not matter.)

thanks
new_2004
Click to expand...


I have answered this before. Looks cap-exmpt to me.
 
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