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H1 transfer from H4

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  • H1 transfer from H4

    Hi

    My wife is on H4 & she is currently in US.
    She has a valid H1 visa, before coming to US. but she never went for stamping.
    She is trying for a change of status from H4 to H1.
    Can she go to any company that offers H1 or she has to go the company that initially sponsored H1.

    Iam asking this because she is very likely to get a permanent position in some company here.

    Is it possible to get a permanent job when she is on H4 and has a valid H1 visa that was not stamped?

    Thanks,
    Vadan

  • #2
    Any company can apply a H1B petition on her behalf using the CAP from the existing H1B petition and request an immediate start date. H1B is fulltime job unless the petition is filed for part-time. She cannot work until the petition gets approved.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      thanks for your reply shervin143,

      so you meant to say that she can transfer H1 to any company without being on H1 for a single day?

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      • #4
        Originally posted by vadan View Post
        thanks for your reply shervin143,

        so you meant to say that she can transfer H1 to any company without being on H1 for a single day?

        Yes provided she has been in a legal status currently.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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