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H4 to H1 procedure

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  • H4 to H1 procedure

    Hi,
    Thanks everyone sharing your knowledge with people like me

    Here I have questions like
    1. Unfortunately I am not finding any links to understand the H4 to H1 process .
    2. Say I apply H1 and as soon I get the I797 receipt I start working for some XYZ company.Assume that H1 got denied after 4 months,During that I no need to apply for H4 visa as I am still on H4 visa ,Is that correct?
    3. It is very confussing If denied after some time what are the options I will have.
    4. In the future Ig I want to conver H1 to H4 what is the procedure?


    Please explaining me with details

    Thanks in advance for your time and help

    Regards,

  • #2
    [*]Unfortunately I am not finding any links to understand the H4 to H1 process .
    >>> There is no special process. Find an employer who can sponsor you a H1B and handover all the documents that the employer requests. They will be able to file a COS from H4 to H1B.

    [*]Say I apply H1 and as soon I get the I797 receipt I start working for some XYZ company.Assume that H1 got denied after 4 months,During that I no need to apply for H4 visa as I am still on H4 visa ,Is that correct?
    >>> You cannot work until the COS to H1B gets approved (with a new I-94). If you work on the receipt notice, then that will be illegal employment. If the H1B gets denied, then you will remain to be in H4 status.

    [*] It is very confussing If denied after some time what are the options I will have.
    >>> Nothing. You will remain in H4 status as long as the H4 I-94 remains valid.

    [*]In the future Ig I want to conver H1 to H4 what is the procedure?
    >>> You need to file form I-539. Search the USCIS.gov website for the instructions to file form I-539.
    Not a legal advice. Use of this information is strictly at your own risk.

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