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Arya122

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About Arya122

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  1. My Situation is as below. My last working day with her employer will be 09/27/2013. Presently H1 extension is in premium process from my employer. My I-94 got expired on 10-Aug-2013. I got RFE for H1 extension and my employer is responding to the RFE by mid of this week. Hopefully decision will come before her last date. My spouse is also on H1B visa in USA. 1. In this situation If I transfer the visa to H4 now, is it possible to transfer again to H1B under cap exemption so that I can start working before 1st Oct - 2014? 2. If I gets a job before filing the H4, is it possible to file cap exemption H1B by the new employer before present petition decision comes? 3. If I gets approval for my present H1B extension petition after quitting my present job, is it possible to file cap exemption H4 to H1B without I797 copy of the present H1B extension petition? Please help me..
  2. Arya122

    H4 to H1 transfer

    Hi Thanks Vanvi for your reply. In My case, my employer filing petition for H4 to H1 transfer with COS in Regular Processing say on 05/02/2012. I am planning to go to India on 05/27/2012 and coming back to US on 07/27/2012 on my existing H4 visa. For regular H1 processing takes 2 to 6 months of time. (**I am traveling to India after applying H4 to H1 transfer but before approval. **) Scenario 1: Say my H1 is getting approved on August-2012 with effective from October 1, 2012, where approval date (August-2012) is after my returning from India (Jul/27/2012) on H4 visa. Question 1: Do my employer need to re-apply for COS from H4 to H1? Or by default on 1st October my status will be changed to H1? Scenario 2: Say my H1 is getting approved on 07/25/2012 with effective from October 1, 2012, where approval date (07/25/2012) is before my returning from India (Jul/27/2012) on H4 visa. Question 2: Do my employer need to re-apply for COS from H4 to H1? Or by default on 1st October my status will be changed to H1? Question 3: Do I need to go back to India for visa stamping? Question 4: Do this India travel will affect the H1 approval? Please help me I am not able to find the proper answer of my doubt and very much confuse. Arya
  3. Arya122

    H4 to H1 transfer

    Hi, Thanks Sameer for your reply. I have one more doubt. If I go to India after applying the H4 to H1 transfer and come back to US before my H1 approval on existing H4 visa, do my employer need to apply for COS H1 to H4? Arya
  4. Hi, Presently I am in H4 visa and I got a company A(say consultancy) who is sponsoring my H1 (H4 to H1 transfer). Company A is filing my H1 petition on May. Because of some work I need to go back to India for few months(2-3 months). By that time my H1 petition may approved. My question to you is, 1. After applying for H4 to H1 transfer if go out of US will it cause any problem for H1 approval? 2. If I go to India and come back to US before H1 approval then also COS need to be done separately after H1 approval? Please help he, I am very much confuse about this. Thanks in advance, Arya
  5. Arya122

    H4 to H1 visa change of status in US

    Hi Ansugeorge, Presently I am in H4 visa and I got a company A who is sponsoring my H1 (H4 to H1 transfer). Company A is filing my H1 petition on May. Because of some work I need to go back to India for few months(2-3 months). By that time my H1 petition may approved. My question is, in your case when you came back to US? After your H1 approval or before H1 approval? If I go to India and come back to US before H1 approval then also COS need to be done separately after H1 approval?
  6. Arya122

    H4 to H1 transfer

    Hi, Presently I am in H4 Visa. I got a sponsor for H1 Visa. After filing the H1 visa if I go back to my home country for few months, can I come back to US on H4 visa if H1 get approved by this time or I need to get stamp for approved H1? If I come back to US after H1 approval on my existing H4, approved H1 will be affected due to the re-entry to US on H4? Is change of status(COS) and fresh H1 approval both are different process? If yes, my employer need to apply COS after coming back to US on H4? After H1 approval when my employer need to apply for COS? How long COS takes to get approved? Arya
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