H-4 To H-1

[Flood]

I have few questions regarding conversion of my H-4 status.

 

I was on H-1 visa from 2008-2011, and then got extended through 2014. I stopped working in 2012 and I have been on H-4 status since then. If i get an employer to sponsor my visa do I have to go through the masters cap process again, which means apply in April and wait till October to work-?

 

Option2- Is there a separate application category for candidates already approved through the cap, wherein the employer would still file for an employment authorization but i start working as soon as the visa is approved 2- or 3 months depending on the visa processing time.

 

If option 2 exists and will work will the visa be granted for the remaining two years on my initial H-1.

 

Would appreciate answers, wanting to know if there has been anyone in same situation and has been approved and is working now.

 

Thank You!

 

 

 

 

[pontevecchio]

You are entitled to your remaining 2 years non cap and you can work after approval.

[jairichi]

if you have not stayed on H1B status for the max allowed period of 6 years on H1B then a employer can file a cap exempt H1B petition anytime and you can start working immediately after approval. You will get the remainder period.

[Flood]

Thank you! What are the standard processing times? If my employer does premium processing how soon can i expect it to be approved?

[jairichi]

Thank you! What are the standard processing times? If my employer does premium processing how soon can i expect it to be approved?

15 calendar days by premium processing

[pontevecchio]

All other things being equal your PP H1 petition should take 3 weeks for approval unless they issue an RFE.