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  • H4 to H1

    After a H4 applicant applies for H1 and gets it, how long can he stay with that H1 visa in US without any job?

  • #2
    H4 to H1

    It is all depend on whether the petition has been approved as COS or Consular process..

    This is my opinion

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    • #3
      I am having H1B visa and my wife has H4 visa. I would like to convert her visa H4 to H1B. Can you please help me out?

      1.How can I approach ?
      2.Once converted to H1B then how many months she can stay in US without job?
      3.Once converted to H1B then H4 will be invalidated or remains same?

      Please help me.

      Comment


      • #4
        Originally posted by Gouse View Post
        I am having H1B visa and my wife has H4 visa. I would like to convert her visa H4 to H1B. Can you please help me out?

        1.How can I approach ?
        2.Once converted to H1B then how many months she can stay in US without job?
        3.Once converted to H1B then H4 will be invalidated or remains same?

        Please help me.
        Please post complete information . Has an employer already filed H1 petition for your spouse? Has it been approved? Was it applied as COS or Consular process? Did you pay for your spouse's H1? I hope you are not caught by those phoney consultancies who promise an H1 by showing some ****/dummy project to USCIS, and then ask the employee to search for their own job.

        1. Find an employer willing to petition for you spouse.
        2. If H1 is applied as COS and is approved, she must start working for the employer who petitioned for her in the first place. She should also get paid by that employer as per LCA. She cannot stay without a job, after all, the H1 petition was approved by USCIS on the basis that the employer petitioning for her has work for her.
        On the other hand, if H1 is approved as consular process she can remain on H4, and if and when she wants to move to H1, she can either go out of US, get H1 stamped and return and work for the H1 employer OR her H1 employer needs to file a COS for her from H4 to H1.
        3. If her H1 is applied as COS and is approved, then her status changes from H4 to H1 and she must maintain H1 status. She can always move back to H4 , her move back to H4 depends upon her maintainign valid status as well as you maintainign valid status.

        This is my opinion not legal advice.

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        • #5
          I haven't filed H1 petition for my spouse. I need to start the process. my wife should be in US to file petition? because she will come by December only. When should I start the process?

          Comment


          • #6
            Originally posted by Gouse View Post
            I haven't filed H1 petition for my spouse. I need to start the process. my wife should be in US to file petition? because she will come by December only. When should I start the process?
            Current year H1 cap is closed. Fresh H1 Cap subject petition acceptance window would open only in April 2015, and the earliest your spouse can possibly move to H1 is Oct 2015. So yes, by December, you/your spouse can start looking for employers willing to sponsor her H1, that will give the employer and their legal team ample time to gather the relevant documentation and be ready for filing the h1 petition by 01-Apr-2015.

            If your spouse is in US on the date of filing the petition (01-Apr-2015) the employer can request for a Change Of Status. Advisable to avoid going out of US after filing a COS.

            Hence I would advise, that your spouse be in US much before 01-Apr-2015. Anyhow, wouldn't it be easier for her to attend job interviews from prospective employers if she is already in US?

            This is my opinion not legal advice.

            Comment

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