H4 -> H1 NEED URGENT HELP

LaborPains

Registered Users (C)
Hello All,

My Wife is in the US on a H4 Visa.
She came to the US immediately after her Undergraduate degree in India:
B.Tech in Computer Science.

We have found an employer willing to sponsor for her H1B visa.

My wife does not have any job experience nor a Master's degree.

Will the H1B be denied as she lacks job experience ?
Or is it not uncommon to get H1B issued solely on the basis of an Undergraduate degree ?

Appreciate any help in this matter.

Thank You.
 
Hi LaborPains,
I am in a similar situation.
I posted a private message for you. Could you please reply to it?
Thank you.

I am pasting the H1b section from the I-129 instructions PDF: From the below description, we can say that experience is NOT mandatory as long as you can prove that the alien has a foreign degree that is equivalent to US degree. This seems to be the minimum requirement..
---------------------------------------------------------
H-1B.
An H-1B is an alien coming temporarily to perform services
in a specialty occupation.

A specialty occupation is one that requires the theoretical and
practical application of a body of highly specialized
knowledge to fully perform the occupation and requires the
attainment of a bachelor's or higher degree in a specific
specialty, or its equivalent, as a minimum for entry into the
occupation in the United States.
Write H-1B1 in the classification requested block.
However, a petition for an extension based on unchanged,
previously approved employment should only be filed with
the initial evidence required in the separate extension of stay
instructions.
Evidence showing that the proposed employment
qualifies as a specialty occupation;
Evidence that a labor condition application has been filed
with the U.S. Department of Labor;
The petition must be filed by the U.S. employer and must be
filed with:
A copy of any required license or other official permission
to practice the occupation in the state of intended
employment; and
--
Evidence showing that the alien has the required degree
by submitting
:
--
Evidence of education and experience that is
equivalent to the required U.S. degree.
A copy of a foreign degree and evidence that it is
equivalent to the U.S. degree; or
A copy of the person's U.S. baccalaureate or higher
degree as required by the specialty occupation;
--
A copy of any written contract between you and the alien
or a summary of the terms of the oral agreement under
which the alien will be employed.
 
LaborPains said:
Hello All,

My Wife is in the US on a H4 Visa.
She came to the US immediately after her Undergraduate degree in India:
B.Tech in Computer Science.

We have found an employer willing to sponsor for her H1B visa.

My wife does not have any job experience nor a Master's degree.

Will the H1B be denied as she lacks job experience ?
Or is it not uncommon to get H1B issued solely on the basis of an Undergraduate degree ?

Appreciate any help in this matter.

Thank You.

Depends on the job offered. If it is a entry level job with no experience, she may qualify.
 
h4 to h1

Hi,

My wife is also in the same situation and I really gained some knowledge about the issue from this posting. Thanks a lot for sharing it here.

I have another question here. She would like to visit IND before she starts working in OCT. Is it possible to travel to India while H1B application is still pending? What happens if H1B application is approved while she is in IND? Does she have to attend for H1B stamping in IND? or she can travel back on her existing H4 stamp?


Thanks a lot.

~Mur
 
COS approved

My wife's Change of status from H4 to H1 was approved with effective date Oct 1st. Can I go to canadian consulate to get her H1 visa stamped or should I have to get it stamped in India.

Also if i get my h1 and her h4 stamped in a consulate in canada and later get her h1 stamped from india will there be any issue?

anyone please advice
 
hi
is it necessary to get the first time h1b stamped (a transfer from h4 to h1 with start date of oct 2005) on the passport in order to start working ?
Or can it be done anytime when the person visits home country .

thanks
 
Its not necessary to get H1 stamped after COS. Visa is only for entry to US. Since my wife is planning to visit India before Oct, if she has H4 visa stamped in canada she can visit US in case there are issues with H1 stamping in India.
 
kb gc
thanks a lot for ur reply
for a while after reading posts where everyone who were getting their transfer approved (h4 to h1) were rushing to toronto /home country to get it stamped i was under the impression it might be compuslory for first time h1b prior to starting work

thanks for clearing the doubt
 
mkorrapati said:
Hi,

My wife is also in the same situation and I really gained some knowledge about the issue from this posting. Thanks a lot for sharing it here.

I have another question here. She would like to visit IND before she starts working in OCT. Is it possible to travel to India while H1B application is still pending? What happens if H1B application is approved while she is in IND? Does she have to attend for H1B stamping in IND? or she can travel back on her existing H4 stamp?


Thanks a lot.

~Mur


Mur,
I have sent you a private message.
 
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