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H4 to H1 COS 30-60-90 Applicable?

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  • kabkaba
    replied
    Both H4 and H1 Visas allow for immigrant intent. So it is not material as to when your intent changed.

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  • aru123n
    replied
    Hi kabkaba,

    Thanks for the reply!

    As I understand, 30-60-90 rule comes from the "Seihoon v. Levy" lawsuit. It is related to COS and number of days spent in the US. I am not sure if this applies to my case though.

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  • kabkaba
    replied
    What is 30-60-90?

    H1 petition can be filed only while H1 cap remains open and the earliest start date is Oct 1. This assumes you have never had H1 in the past 6 years. It does not matter whether you are in the US or how many days you have spent in the US.

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  • aru123n
    started a topic H4 to H1 COS 30-60-90 Applicable?

    H4 to H1 COS 30-60-90 Applicable?

    Hi,

    I have an H4 Visa valid til Oct 2013. I will be coming to the US for the first time in July 2012.

    I plan to look for an employer who can sponsor my H1 Visa. I understand that for this the employer will have to file for COS from H4 to H1.

    I have the following questions:

    Is the 30-60-90 rule or any such rule applicable in my case?
    How many days after entering the US would you recommend that I file for COS from H4 to H1?

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