Change of Status -- H4 to H1

[deephoenix]

Hi

I have an H1 approved from a US company, but do not intend to start working right now. My husband already has an H1 and is going to US in Nov 2010.

What I need to understand is --

1. Is it possible for me to enter the US on H4 and get a COS to H1 after 4 months or so. (I know this company will still have a job offer for me then)

2. Since I got my H1 in India, do I need to go back to India for H1 stamping after COS?

3. In the meanwhile, if another US employer wants to hire me, can we do a COS based on my existing petition. The aim is to utilize this 2011 cap counted visa and not start afresh for a new H1 visa next year.

3. Will appreciate any useful information related to this whole process.

[Subramanya]

I have an H1 approved from a US company, but do not intend to start working right now. My husband already has an H1 and is going to US in Nov 2010.

What I need to understand is --

1. Is it possible for me to enter the US on H4 and get a COS to H1 after 4 months or so. (I know this company will still have a job offer for me then)

---- Yes, you can do that

2. Since I got my H1 in India, do I need to go back to India for H1 stamping after COS?

---- NO, there is no need to go back to India as long as you get a I-84 with your H1 approval enabling you to continue to reside in the US

3. In the meanwhile, if another US employer wants to hire me, can we do a COS based on my existing petition. The aim is to utilize this 2011 cap counted visa and not start afresh for a new H1 visa next year.

---- You do not do a COS for an exixting H1 petition. You transfer your H1 to the new employer. although the application process is the same as for a new H1

3. Will appreciate any useful information related to this whole process.

---- Ensure that the new employer is reliable and will pay you all the time while on H1

Subramanya

[kabkaba]

Hi

I have an H1 approved from a US company, but do not intend to start working right now. My husband already has an H1 and is going to US in Nov 2010.

What I need to understand is --

1. Is it possible for me to enter the US on H4 and get a COS to H1 after 4 months or so. (I know this company will still have a job offer for me then)
Yes.
2. Since I got my H1 in India, do I need to go back to India for H1 stamping after COS?
No, but cannot work until COS is approved.
3. In the meanwhile, if another US employer wants to hire me, can we do a COS based on my existing petition. The aim is to utilize this 2011 cap counted visa and not start afresh for a new H1 visa next year.
You are already cap counted. Any employer can file a petition anytime until you spend 6 years in the US in H1 status. they will need previous petition receipt number/approval copy.
3. Will appreciate any useful information related to this whole process.

Answers above.

[susin]

I eligible for H1.B?

Iam on H4,I have done Master of science in Physics.My education is not IT background,but it is 16 years college education.
i have 1.6 years of real time exp in It filed.i have 3 Microsoft certifications.i got PGDCA post graduation Diplomo in Computer application certification when i was doing my bachelors degree.
Could any one let me know am I eligible for H1.B?

[Subramanya]

Iam on H4,I have done Master of science in Physics.My education is not IT background,but it is 16 years college education.
i have 1.6 years of real time exp in It filed.i have 3 Microsoft certifications.i got PGDCA post graduation Diplomo in Computer application certification when i was doing my bachelors degree.
Could any one let me know am I eligible for H1.B?

---- You need to find an employer who can sponsor you for a H1B. Yes you should at least have a Bachelor's in the area of work that you intend to perform. The employer has to specify the exact requirement s and your qualifications should match those requirements.

---- All certifications and courses are only additional qualifications but do not add to the basic requirements for a job. The employer has to decide if those certifications are useful or not

---- On the face of it you will be eligible for a H1 based on a Bachelor's degree and every additional certification is only adding to your qualifications and does not mean anything to the USCIS who are the authority to approve/deny your H1 petition based on the job requirement specified by the employer

----- Thus talk to an employer and find out their requirements. Each employer can have a different set of requirements and no two are alike

Subramanya