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Query for change of status on H4 to H1

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  • Query for change of status on H4 to H1

    Hi
    currently i am in US on H4 VISA, previously i had H1 B visa whose expiry date is around july 2011 .when i went for H4 visa stamping they cancelled my H1 as "cancelled without prejudice" on my passport.
    currenly being a s/w engg i am looking for job , many gud comapny are calling me by seeing my profile but as i dont have a new visa i am simply not landing anywhere ..
    Please suggest do i again need to apply for a brand new visa or my old (H1B)visa can again be brought into picture by changing the status to ACTIVE .
    Actually on eof my friend told that she did H4 from H1 to enter to US , and then changed her stastus to H1 b ...dont know how much truth was in her words ..
    Please suggest if anyone has any idea on this .

  • #2
    currently i am in US on H4 VISA, previously i had H1 B visa whose expiry date is around july 2011 .when i went for H4 visa stamping they cancelled my H1 as "cancelled without prejudice" on my passport.
    currenly being a s/w engg i am looking for job , many gud comapny are calling me by seeing my profile but as i dont have a new visa i am simply not landing anywhere ..
    Please suggest do i again need to apply for a brand new visa or my old (H1B)visa can again be brought into picture by changing the status to ACTIVE .
    Actually on eof my friend told that she did H4 from H1 to enter to US , and then changed her stastus to H1 b ...dont know how much truth was in her words ..

    ---- If you have a valid H4 visa stamped on your Passport you can enter the US

    ----Once you find an employer you can ask the employer to do a COS from h4 to H1 while you are in the US

    Subramanya

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    • #3
      Visa is just an entry document. You will need the H1B stamped again only when you leave the country and want to re-enter in the H1B status (You cannot work when you are in H4 status). So any employer can file a change of status from H4 to H1B (Approval will come with a new I-94). When the COS gets approved, you can start working for that employer in H1B. As long as that new I-94 is valid, you can continue to work and apply for extension when it is about to expire (6 months in advance). If you ever had to leave the country, then you will need to get the H1B stamped again in your passport and re-enter to continue working.

      Originally posted by ishaphoenix View Post
      Hi
      currently i am in US on H4 VISA, previously i had H1 B visa whose expiry date is around july 2011 .when i went for H4 visa stamping they cancelled my H1 as "cancelled without prejudice" on my passport.
      currenly being a s/w engg i am looking for job , many gud comapny are calling me by seeing my profile but as i dont have a new visa i am simply not landing anywhere ..
      Please suggest do i again need to apply for a brand new visa or my old (H1B)visa can again be brought into picture by changing the status to ACTIVE .
      Actually on eof my friend told that she did H4 from H1 to enter to US , and then changed her stastus to H1 b ...dont know how much truth was in her words ..
      Please suggest if anyone has any idea on this .
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        Query for change of status on H4 to H1

        Hi
        As u told for the COS from H4 to H1 . Is this applicable to all H4 ppl in US , or only exception becoz i had H1 B visa previoulsly which has expiry date july 2011.

        This COS is to be done by whom can i do personally ...or do i first need to find a comapny who is ready to hire me and then ask them to do COS .
        How much cost is included in this any idea ?

        Comment


        • #5
          As u told for the COS from H4 to H1 . Is this applicable to all H4 ppl in US , or only exception becoz i had H1 B visa previoulsly which has expiry date july 2011.
          >>> Since you already have a H1B approval notice, you can do a COS from H4 to H1B anytime using the same CAP from the current H1B approval notice that you have (You will be asked for a copy of that approval notice by your new employer or at least the receipt number from that approval notice to use the same CAP). H1B in total is for 6 years. You can utilize the remaining period in your existing H1B CAP when you apply for a COS to H1B.

          This COS is to be done by whom can i do personally ...or do i first need to find a comapny who is ready to hire me and then ask them to do COS .
          >>> You have to find an employer and they will have to file the COS.

          How much cost is included in this any idea ?
          >>> The cost for filing the H1B will have to be taken care by the employer.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Query for change of status on H4 to H1

            [QUOTE=shervin143;219624]As u told for the COS from H4 to H1 . Is this applicable to all H4 ppl in US , or only exception becoz i had H1 B visa previoulsly which has expiry date july 2011.
            >>> Since you already have a H1B approval notice, you can do a COS from H4 to H1B anytime using the same CAP from the current H1B approval notice that you have (You will be asked for a copy of that approval notice by your new employer or at least the receipt number from that approval notice to use the same CAP). H1B in total is for 6 years. You can utilize the remaining period in your existing H1B CAP when you apply for a COS to H1B.

            [QUOTE= Thanks for the above info . I forgot to mention that i have never travelled on my previous H1 B visa .SO am i still applicable for COS from H4 to H1.]

            Comment


            • #7
              That is okay. All that matters is an approved H1B petition.
              Last edited by shervin143; 11-03-2010, 09:13 PM.
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment


              • #8
                Thanks to both for your response .

                Comment

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