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H4 to H1 need clarifications

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  • H4 to H1 need clarifications

    Hi ,

    Please clarify my queries below.

    1) I got H4 visa last month and planing to go to US. My previous H1B visa under cap of 2010 application was reaffirmed by USICS but my employer did not receive re-affirmed notice. So can I start working on that. If so whats the procedure.

    2) If above method is not working then If I'm applying for Change of Status from H4 to H1 and asssume that my new H1 got approved immediately using premium processing then can I start working from very next day after approval or should wait till Oct.

    3) Will H4 to H1 conversion is subjected to H1 cap availability.

    Please suggest.

    Regards
    KSR

  • #2
    You cannot begin working until your status is changed to H1b. Traveling in H4 status is not sufficient. Your employer employer can file an amendment to change your status or a new cap-exempt petition.
    Any employer can file cap-exempt petition for you, but you must wait until it gets approved with change of status in order to begin working.
    This is my opinion and not legal advice.

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