H4 to H1 Please suggest!

R

RGR2006

Registered Users (C)
Hi Gurus :),
First of all i am a silent reader of this website.Thank you all for sharing your experiences and taking time to help others.
I worked on H1 visa for 2 years and came back to H4 visa.Now i wanted to work again.
1)If i apply for H1 visa again will i come under quota?
2)If your answer is "NO" then can i start working before Oct 07?

Thank you Guys
 
1) No.
2) you can start working only if both of the following condition is met.
- COS is approved.
- H1 start date on I-94 has been reached.
 
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Thank you GotPR,
Is that mean i can apply for H1 whenever i want, not necessarly in April when H1 filing starts?

Thanks again
 
RGR2006,
I think changinf from H4 to H1 is subject to H1B cap for the fiscal year, and you cannot start working before October, if the Change Of Status is approved (I-94 is issued). better check with an attorney.
 
He was previously under H1 (under cap), he can use his remaining H1 period by changing the status from H4 to H1 and start working as soon as his COS is approved.


aboppana said:
RGR2006,
I think changinf from H4 to H1 is subject to H1B cap for the fiscal year, and you cannot start working before October, if the Change Of Status is approved (I-94 is issued). better check with an attorney.
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Thank You GreatGuru
I am really confused with all the changing laws.Some say i come under cap some don't.You said i don't come under cap so how sure are you? Do you know any case like mine?

Thanks once again.
 
Sorry guys, I didn't know that changing from H4 to H1 (with previous H1 status) is not subject to H1B CAP. Thanks for the information great guru!!
 
With in initial six years of H1 duration, a candidate can come under H1 quota only once.
During this period candidate can go to various status (H4, F1, F2 etc) from H1 and come back to H1 several times without facing any cap issues.
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aboppana said:
Sorry guys, I didn't know that changing from H4 to H1 (with previous H1 status) is not subject to H1B CAP. Thanks for the information great guru!!
Click to expand...
 
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