Legal Question in Immigration Law in Delaware
H4 to H1 Change of Status
Currently Im an H4 Visa holder, now.. theres a company whose willing to sponsor me to become an H1-B. What are the necessary steps that I have to consider in changing my status? Should I have be able to work as soon as the petition is filed without leaving the US or Do I have to go back to my country to re-stamp my pasport and applied for new visa since this is a change of status?
What are the options that I have to consider? Please reply... Thank you very much.
3 Answers from Attorneys
Re: H4 to H1 Change of Status
Once your H-1B petition is approved, you may start work as this is a change of status and not a "transfer." The fiscal year begins Oct 1, 2004 but there is already a huge backlog of cases so you should pursue this COS as soon as possible!
Feel free to email me directly for a full consultation as there are some additional issues you need to be aware of.
Re: H4 to H1 Change of Status
You should be able to work as soon as the petition is approved, without returning to your home country. However, there are some additional considerations, including a current shortage of visa numbers and the length of time you have been in the US in H-4 status. If you would like assistance, please contact my office by email. My best wishes.
Re: H4 to H1 Change of Status
You can change your status in the U.S. You cannot start working until it is approved unless you have had an H-1B sometime in the past six years. Also, be mindful that the time spent in H-4 status will count against the total six years of H-1B that are allowed. Thus, if you have several years in H-4 time, you may also want to look into permanent residency right away if that is your goal.
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