Labour Transfer to H4 Visa holder

C

checkstat1978

New Member
Hi All,

Can anyone help me urgently in this matter.
My husband has H1b till 2008 and I am on H4.
A Consultant company approaces and ready to transfer approved

labour on my name (labour substitute) and also will convert H4 to

H1b.

Q:Is it a proper step to transfer approved Labour and (I-140) on

H4 visa and later connvert H4 to H1 by 0ct2007 ?

What is the advantage if approved labour is transferred to H1b

and what is the advantage if its transferred on H4(dependant).

Please reply if you know the accurate answer or
Please reply asap if someone has a similar case.


Thanks
CKS.
 
checkstat1978 said:
Q:Is it a proper step to transfer approved Labour and (I-140) on

H4 visa and later connvert H4 to H1 by 0ct2007 ?
Click to expand...
GC process and H1/H4 are separate matter. It works if labor substitution was not banned yet( I don't remember when they will implement ban of substitute labor). you should check it.
What is the advantage if approved labour is transferred to H1b

and what is the advantage if its transferred on H4(dependant).
Click to expand...
OK, you are confused. H1 is work authorization under non-immigrant status, labor substitution(labor certificate) is the 1st step of greencard process(toward immigrant status). Two separate things.
Note you have to have H1 approved before you start working in this case.

Did employer really say labor certificate(labor substitution) or Labor Condition Application ?
 
Last edited by a moderator:
Hi,

Thanks for your reply.
I am applying for H1 visa this April.

An employer offered me that he can do my conversion of Visa to H1(as I’m on H4 visa now) also the Labor substitute

So my question is

Is it valid step if Labor substitute and I 140 are done to H4 visa holder prior to H1? :confused:
 
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