H4 to H1, Can work only on H1 petition?

A

amber2006

New Member
I am on H4 visa and i want to convert it to H1-b.

1- Can i visit my native country (in Sep 06) after applying for this change of visa from H4 to H1B and before actual convertion happen. Will it create problems in my re-entry to US on H4 visa. (H4 is valid till January 07)
or shall i only visit my native county when actuall converstion from H4 to H1B is done?

2- After 1 or 2 years i again want to convert my visa from H1-B to H4 visa. How long this conversion takes? What are the chances that my H1-B to H4 visa is rejected? Do i have to Stamp the H4 from my native country even if i apply it from US?

My second concern is: I heard from someone that i can stay in US in H4 visa till its valid and i can start working on "H1 PETITION" (not H1 visa). I can go abroad and re-enter US on same H4 visa because its valid even after getting the H1 petition. If my H4 is expired i can renew my H4 and get it stamped even after geting the H1 Petition. Is it true and legal? Kindly advise as i dont want to comit any illegal thing. Your detailed answer will be highly helpful. Thanks alot.
 
Helping you with H-1 Questions

amber2006 said:
I am on H4 visa and i want to convert it to H1-b.

1- Can i visit my native country (in Sep 06) after applying for this change of visa from H4 to H1B and before actual convertion happen. Will it create problems in my re-entry to US on H4 visa. (H4 is valid till January 07)
or shall i only visit my native county when actuall converstion from H4 to H1B is done?

2- After 1 or 2 years i again want to convert my visa from H1-B to H4 visa. How long this conversion takes? What are the chances that my H1-B to H4 visa is rejected? Do i have to Stamp the H4 from my native country even if i apply it from US?

My second concern is: I heard from someone that i can stay in US in H4 visa till its valid and i can start working on "H1 PETITION" (not H1 visa). I can go abroad and re-enter US on same H4 visa because its valid even after getting the H1 petition. If my H4 is expired i can renew my H4 and get it stamped even after geting the H1 Petition. Is it true and legal? Kindly advise as i dont want to comit any illegal thing. Your detailed answer will be highly helpful. Thanks alot.
Click to expand...
 
Answers to H-1 Questions

So, you are currently on an H-4 Visa, and want to convert to an H-1B, I understand.

First of all, this can be done, and is not a problem, as I do them all of the time. First, you will need an employer to sponsor you, then find someone to help you file your H-1B Visa petition.

I would consider it a better idea to wait until your H-1B visa is approved before you travel. If you apply for the H-1B, and you receive the approval notice, you will then be on the H-1 status, and your H-4 status will be void. If your visa is in processing, and you are out of the country, and your visa gets approved while you are out, you cannot enter back into the US without your original H-1 approval notice, and someitmes, the consulate will want an employer's letter also.

You may or may not be aware of the capitation on H-1B visas currently...the alottment of H-1B's becomes effective 10/01/06, and you can file as early as 6 mos previous to that date, so now is the time to file. However, the H-1B visas are going quickly, so it would be wise to file for your H-1B as soon as possible, bacause once they are gone, they are gone for the fiscal year and there will be no more until 10/01/07. However, if you have a master's degree, there is an extra 20,000 H-1B visas that are earmarked for the master's level H-1B applicant. These typically run out quickly also, but they will not start counting them until after the initial alottment of regular H-1B visas runs out.

Filing for an H-1 visa is not as hard and frightening as is sounds, and if you need help filing for the petition change from the H-4 to the H-1, I will be glad to help you, as I am an Immigration Specialist. I am based out of Tulsa, Oklahoma, and my work-product has produced 100's of H-1B visa approvals, H-1B employer changes, H-1B extensions, and H-4, TN, F-1, etc. status adjustments to H-1B status visas.

You can be on H-1 status for a total of 6 years, and can apply for 3 year increments at a time. If you file for your green card based on employment, and your green card petition has been pending 365 days at the time of your 6th year of expiration in H-1 status, you can file for your 7th, 8th, 9th years extensions, etc., until your green card is approved.

Again, if you would like help filing for the H-1 visa, please contact me at immigration_now@hotmail.com, or feel free to call at 918-724-9252.

Thank You,
Marilynne Bryan
Immigration Specialist
Immigration Now
 
amber2006 said:
I am on H4 visa and i want to convert it to H1-b.

1- Can i visit my native country (in Sep 06) after applying for this change of visa from H4 to H1B and before actual convertion happen. Will it create problems in my re-entry to US on H4 visa. (H4 is valid till January 07)
or shall i only visit my native county when actuall converstion from H4 to H1B is done?

2- After 1 or 2 years i again want to convert my visa from H1-B to H4 visa. How long this conversion takes? What are the chances that my H1-B to H4 visa is rejected? Do i have to Stamp the H4 from my native country even if i apply it from US?

My second concern is: I heard from someone that i can stay in US in H4 visa till its valid and i can start working on "H1 PETITION" (not H1 visa). I can go abroad and re-enter US on same H4 visa because its valid even after getting the H1 petition. If my H4 is expired i can renew my H4 and get it stamped even after geting the H1 Petition. Is it true and legal? Kindly advise as i dont want to comit any illegal thing. Your detailed answer will be highly helpful. Thanks alot.
Click to expand...

1) YOu are free to travel anytime, BUT if you travel during change of status from H4 to H1 is pending, you'll not get I-94 attached to approval notice, therfore you have to travel again to get H1 visa before you start working.

2) There is no risk as long as your primary H1(spouse or parents) are maintaining status. YOu do not need to get stamp if your change of status from H1 to H4 was approved.

Regarding your 2nd concern,
You can start working, if your Change of status from H4 to H1 was approved AND your h1 start date has passed..
No need to get H1 stamp in that case. You can go abroad and come back with H4, there is no problem, HOWEVER, if you did that, your status will be H4 and can not work. And extending your H4 when you are on H1, that is not possible unless you file change of status to H4 or reenter the US with H4.
 
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my wife's is a similar case. She applied for H4 to H1 and traveled outside the country and came back one H4. After one month she got the H1 appoval along with I94.

please also refer to 3rd page 4th page of this.
http://www.uscis.gov/graphics/lawsregs/handbook/Travpub.pdf

1) Is this H1's I94 be valid according to above article. If not can I file for COS again for status change without leaving the country.

2) Also if she applies and gets an SSN, is it not indicative of H1 I94 validity.

Thanks,
Murali.
 
1) This memo was correcting the misleading information regarding travel during COS pending in Federal Register. Basically, it says what is mentioned in page3 and later is not correct.

2) No, as far as I understand.
 
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