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Question about H4 -> H1 change

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  • Question about H4 -> H1 change

    Hi,

    I have applied for H1 last year and got the petition. I didn't go for stamping.

    Now, I came to US a mnth back on H4.

    So, can you please let me know

    1. Process to apply for the status change.
    2. How long it may take?
    3. Do I need to go for stamping for H1?
    4. Can I start working as soon as I apply for the status change?

    Thanks in advance,

  • #2
    1. Talk to your H1 employer
    2. You can go for premium processing and get it done in 3 weeks time frame. I guess it takes somewhere between 2-6 months.
    3. Yes, if you are planning to travel outside US, when you return you need a visa stamp to enter US.
    4. No, you can start working only after the change of status request gets approved.

    Read the FAQs. https://www.immihelp.com/h1-visa-faq/

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    • #3
      Thanks for the quick reply, JStone.

      I came to know from one of my friends that we need to go to base country for stamping if we have applied for H1 for the first time. Is this really true?
      Last edited by Baby; 05-03-2009, 11:35 PM.

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      • #4
        I came to know from one of my friends that we need to go to base country for stamping if we have applied for H1 for the first time. Is this really true?

        --That isnt true. As jstone mentioned, your employer has to file an amendment from H4-H1. You can start working without stamping only after it gets approved.
        It takes 2-4 months to process. If you travel outside US and wants to come back on H1 then you need stamping.
        I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

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