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  • H4 to H1 amendment

    Hi,
    I am in my h4 visa now.I have applied h1b in 2007 and got it approved but because of some problems i was not working & in my H4 only.Btw i went to my country(twice) for an year and came back now.My question is how long my H1b will be active ?..When i spoke to my employer they said it would have been expired but they can do the amendment once i got the project and i can go for job immediately as it will take only 2 days.How long it will take for amendment?.How long H1b will be active?.What is the time period with in which i need to do my h1b amendment to keep the visa safe.
    Thanks in advance..

  • #2
    H1B is usually given for 3 years. Check the Valid Until date on your approved petition.

    If your H1 is still valid, you need a change-of-status from H4 to H1, to be done by your employer.

    If not, a new H1 to be filed by new employer, and if approved you can work from Oct 1st.

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    • #3
      Adding to the below, your COS to h1b should get approved for you to work for the new employer. It won't happen in 2 days. It takes anywhere between 2-4 months by normal process and 15 days by premium.

      If your current H1B petition has already expired and if you have not used all 6 years in that CAP, then any new employer can file a new H1B petition using that CAP and request and immediate start date. Like mentioned above, the COS should get approved for you work for the employer.
      Last edited by shervin143; 05-18-2011, 03:53 PM.
      Not a legal advice. Use of this information is strictly at your own risk.

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