Urgent: Great Guru please help me . H4 to H1 transfer.

[masasura]

Hi
I did my masters in USA . I have been on a H1B from jan 2005 till dec 2005 . I was kept on bench by my employer all the time and so no paystubs . So , i returned back to my country and i got married and got my h4 visa stamped on june 16th 2006 and entered US on last week of june 2006 on H4 dependent visa. Now , i got a job offer and i few questions to be clarified before taking up the offer.
1. How long do i have to stay on H4 visa before transferring to H1B visa .
2. Do i get counted under the now H1B visa cap or under H1B advanced degree visa cap.
3. I heard that If you have had an H1b in the past year, you are not subject to the
cap. Thus, since I had an H1b in 2005, I will not be subject to the
Cap. Is this true??
4. If answer is yes for question 3, I don’t have any pay stubs to show that I was legally staying in US. So how do I need to deal with this situation?
5. Do I need to apply for change of status from h4 to h1 with cap exemption(saying that I had a h1b in 2005 ) or apply under the cap for advanced degree ( not declaring that I had a h1b earlier: thus not telling them that I was illegal ).

Please help me as the quota for the advanced degree is also almost reaching its capacity.

I really appreciate if you can enlighten me on this situation .

Thank you for your time in advance.

 

[kamatchi]

Need help about HIB SPONSOR

Hi
It would be nice if someone could help me out. I came to Los angeles with a H4 visa in March 2006. As I have my Doctorate in physical sciences, I would like to work in the US, which means Iam in need of a H1B.Can someone let me know the companies which sponsor for Sciences, as I have come across companies that do only for IT. When I apply for teaching at the Universities, do I need a H1B sponsor or the Universities will sponsor by themselves???

 

[GotPR?]

1. How long do i have to stay on H4 visa before transferring to H1B visa .
2. Do i get counted under the now H1B visa cap or under H1B advanced degree visa cap.
3. I heard that If you have had an H1b in the past year, you are not subject to the
cap. Thus, since I had an H1b in 2005, I will not be subject to the
Cap. Is this true??
4. If answer is yes for question 3, I don’t have any pay stubs to show that I was legally staying in US. So how do I need to deal with this situation?
5. Do I need to apply for change of status from h4 to h1 with cap exemption(saying that I had a h1b in 2005 ) or apply under the cap for advanced degree ( not declaring that I had a h1b earlier: thus not telling them that I was illegal ).

1. It's better to wait at least 60days after entry.
2. under advanced degree.
3. Not subject to quota.
4. PROBABLY, pay stub will not be asked for.
5. It's your choice. Both should work.

 

[ginnu]

Hi
I did my masters in USA . I have been on a H1B from jan 2005 till dec 2005 . I was kept on bench by my employer all the time and so no paystubs . So , i returned back to my country and i got married and got my h4 visa stamped on june 16th 2006 and entered US on last week of june 2006 on H4 dependent visa. Now , i got a job offer and i few questions to be clarified before taking up the offer.
1. How long do i have to stay on H4 visa before transferring to H1B visa .

----------------- any time, H4 holder dont need to wait 60 days as posted by other member
2. Do i get counted under the now H1B visa cap or under H1B advanced degree visa cap.
------------ Advance degree cap may reach in 1-2 days, ask the lawyer for your options

 

[ginnu]

Hi
It would be nice if someone could help me out. I came to Los angeles with a H4 visa in March 2006.
As I have my Doctorate in physical sciences, I would like to work in the US, which means Iam in need of a H1B.Can someone let me know the companies which sponsor for Sciences, as I have come across companies that do only for IT.

When I apply for teaching at the Universities, do I need a H1B sponsor or the Universities will sponsor by themselves???
------------------Universities will sponsor by themselves if they have job for you. why dont you post your field of study in physical sciences? so that others can guide you. post with all your education,exp, back ground

 

[great guru]

Hi
I did my masters in USA . I have been on a H1B from jan 2005 till dec 2005 . I was kept on bench by my employer all the time and so no paystubs . So , i returned back to my country and i got married and got my h4 visa stamped on june 16th 2006 and entered US on last week of june 2006 on H4 dependent visa. Now , i got a job offer and i few questions to be clarified before taking up the offer.
1. How long do i have to stay on H4 visa before transferring to H1B visa .
Next minute after you get your i 94 in the air port.
2. Do i get counted under the now H1B visa cap or under H1B advanced degree visa cap. Since you already have your h1 and transfer to H4 and come back to H1 you will not count under H1 and you can start working as soon as you get your H1 any time.
3. I heard that If you have had an H1b in the past year, you are not subject to the
cap. Thus, since I had an H1b in 2005, I will not be subject to the
Cap. Is this true??
4. If answer is yes for question 3, I don’t have any pay stubs to show that I was legally staying in US. So how do I need to deal with this situation? Since you are transfering from H4 to h1 you no need to produce any pay stub.
5. Do I need to apply for change of status from h4 to h1 with cap exemption(saying that I had a h1b in 2005 ) or apply under the cap for advanced degree ( not declaring that I had a h1b earlier: thus not telling them that I was illegal ). You have to declare your previous H1 status at any case, hiding the information also counted as fraud.
Please help me as the quota for the advanced degree is also almost reaching its capacity. You no need to worry about any quota.
I really appreciate if you can enlighten me on this situation .

Thank you for your time in advance.

 

[masasura]

Thanks a lot

Hey guys thanks a lot for the immediate reply. this really helped me . you guys are amazing . keep up the good . will post what happened with my case.

thanks once again, bye
masasura