H4 to H1B

[Vikram18]

Dear All,

I have completed my 6 years of H1B  and got approved I-140 with Employer A and moved back to H4-EAD and joined to Employer B with H4-EAD.  Now i would like to move H4 to H1B with Employer B.

1. Can I apply for change of status from H4 to H1B with new employer B.? Since we have lot of issues on H4EAD.

2. Do i fall under Lottery?

3. How soon my employer b can start my I-140 transfer ?

Please advise..

 

Thank you so much in advance.

 

[pontevecchio]

1. The company can apply for a H1 for you with COS from H4.

2. Based on approved I-140 more than 6 months back, you are eligible for further 3 year extensions.

3. No transfer. He can file your PERM anytime.

[JoeF]

An employer can file an H1 for you at any time, quota exempt.

There is no I-140 transfer. A new employer would have to start the GC process from scratch. The PD of your old I-140 is the only thing that can be reused.