Will I run into issues if I file for a H1B while H4 is still pending?

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kencerned_1

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PLEASE HELP - Will I run into issues if I file for a H1B while H4 is still pending

PLEASE HELP - Will I run into issues if I file for a H1B while H4 is still pending

I am currently on F1 visa (OPT), which expires as of 06/01/2006, however I will not be able to graduate before 06/01/2006 (due to issues with a course). I have now applied for H4 (pending) to stay in status beyond 06/01/06. But my intent is to work on a H1B, since I cannot use my M.S. degree from the US at this point, Will it be advisable to file for a H1B in April 2006 based on my previous credentials (MCA from India) while my H4 is still pending? Or should I wait until H4 is approved then file for H1 in which case there is a risk of H1B quota for 2007 being filled. Please advise.
 
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Your case you have to get H4 to cover up until Oct 1, 2006 first.

Otherwise you will not get h1 transfer from F1or H4, you only get h1 (fresh) to start the work you may have to go out of US to get your visa stamped and enter with I 94 caveat H1.
Once you get H4 , then apply H1, you will be covered until Oct 2006 by H4 and your h1 start from Oct 1, 2006.



kencerned_1 said:
PLEASE HELP - Will I run into issues if I file for a H1B while H4 is still pending

I am currently on F1 visa (OPT), which expires as of 06/01/2006, however I will not be able to graduate before 06/01/2006 (due to issues with a course). I have now applied for H4 (pending) to stay in status beyond 06/01/06. But my intent is to work on a H1B, since I cannot use my M.S. degree from the US at this point, Will it be advisable to file for a H1B in April 2006 based on my previous credentials (MCA from India) while my H4 is still pending? Or should I wait until H4 is approved then file for H1 in which case there is a risk of H1B quota for 2007 being filled. Please advise.
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Thanks for your response. Do you see any concerns around H1B quota being full if I wait till H4 is approved? or do you suggest me to go ahead and file for H1 independent of H4?
 
Do not do that.
Wait until May first week still your h4 is not approved, go ahead and apply H1 with reference to H4 pending application.

So that you will be covered until Oct 1 by H4 and your H1 will start from Oct 1 , 2006, same time your COS status may be approved.

kencerned_1 said:
Thanks for your response. Do you see any concerns around H1B quota being full if I wait till H4 is approved? or do you suggest me to go ahead and file for H1 independent of H4?
Click to expand...
 
Moving from H4 to H1

Great Guru, Please help...

My wife is currently doing her masters ( MPH) and is on H4 visa. My 6 year H1 will be over on June 2007 and I have to file for extension. My wife was in USA for only 3 years as of now ( in between she went back and forth to India couple of times for delivery etc) . I mean in the last 5 years, she was out of USA for 18 Months.

WHat is the status of H1 visa quota at this time?? How long we can apply?

If my Wife apply for H1 how long ( 2 years or 3 years)will she get it ? Do they count the years she stayed in USA on H4 visa?

In the mean time if my time for 485 filing is reached can I include her and apply for adjustment of status?

What will happen if she apply for a F1 visa?



Please reply with all the details you have..


Thanks.
 
just give your H4 receipt reference to your attorney to file your H1 based on your MCA.

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kencerned_1 said:
PLEASE HELP - Will I run into issues if I file for a H1B while H4 is still pending

I am currently on F1 visa (OPT), which expires as of 06/01/2006, however I will not be able to graduate before 06/01/2006 (due to issues with a course). I have now applied for H4 (pending) to stay in status beyond 06/01/06. But my intent is to work on a H1B, since I cannot use my M.S. degree from the US at this point, Will it be advisable to file for a H1B in April 2006 based on my previous credentials (MCA from India) while my H4 is still pending? Or should I wait until H4 is approved then file for H1 in which case there is a risk of H1B quota for 2007 being filled. Please advise.
Click to expand...
 
I have a question related to plakeezhu's. I have 1yr and 10 months left in my H1, and have not yet applied for green card. I am leaving my current job, and will be changing my status to H4 based on my spouse's H1, untill I get another job.

During my status as H4, will my H1 (1yr 10 months) be used up? Great Guru, please advice.
 
Patilr,

Good Question and I do wish to here more details on this from great guru..

Anyways, If I'm correct, Either you are on H1 or on H4 , the period you stay in USA will be counted.

Example: My spouse was here with me in USA for the past 4 years on H4 visa and now if she apply for a H1, I don't think she will get a Visa valid for more than 2 years.......Only option for this is a F1 visa I believe, but will have issues in adding he/she to your green card processing if you are filing I485.
 
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