angel 31 Posted February 8, 2012 Report Share Posted February 8, 2012 Hi, My current visa status is H4.My employer(consultant) is ready to file my H1.But, I have a few questions about the filing process and want to take an advice from attorney before doing that.Please,help me with my situation. Situation: My educational background:Bachelors degree in biotechnology(3 years) Masters degree in microbiology(2 Years) from India. Want to file my H1 for an IT job(SAP).I Have completed a training course in SAP SD.Currently i am involved in a implementation project. I have no experience in this field before as i am from a non-IT educational background. Kindly,help me with this situation asap. Link to comment
Chitown01 Posted February 9, 2012 Report Share Posted February 9, 2012 There might be 2 possible problems with your application: 1. Education qualification and field of work do not match... Expect an RFE and be ready to prepare for the same. 2. Looks like u are working as a consultant (EVC or EC model): You might get RFE on client letter and employer employee relationship Link to comment
JoeF Posted February 9, 2012 Report Share Posted February 9, 2012 If you haven't been on H1 before, the employer can only file an H1 from April on, for a start date of Oct. 1. Until then, you are not involved in anything. Link to comment
angel 31 Posted February 9, 2012 Author Report Share Posted February 9, 2012 Thanks for the reply. How can i get prepared for the expected RFE's?What might be the probability of getting H1 visa for a person like me?Do you think its better to consult an attorney in order to avoid problems in future? Please,give your suggestions.I have no time and this is my first H1. Thanks in advance. Link to comment
Chitown01 Posted February 9, 2012 Report Share Posted February 9, 2012 Your employer should have an attorney and he shoud do prep and paper work there is nothing you can do other than submitting your documents to them Link to comment
shwetat80 Posted February 12, 2012 Report Share Posted February 12, 2012 Hi angel_31, I am too in a similar situation as yours.But here's my question to you.Since you are applying for new H1 and you cannot start working before October when does you employer plan to apply for your H1? And do you already have a client letter? Thanks. Link to comment
angel 31 Posted February 13, 2012 Author Report Share Posted February 13, 2012 Hi Swetha, My employer is a H1 consultant.I completed my SAP training with that consultancy so, they are interested in filing my H1,but i can only start working from october. Link to comment
ch_sra Posted February 15, 2012 Report Share Posted February 15, 2012 HI, My housbands h1 expired on 27 september and his extension was filed on time and my h4 extension or change non immigrant status in Nov and my h1 was approved on feb 13th where as my h4 extension or change non immigrant status is still in initial review status. 1. Can I withdraw my H4 extention or change non immigarnt status and Work on H1(with out stamping). 2. Do i have to go to country of origin for stamping before i can start working 3. Can i go to Canada/mexico for stamping. Please advise. Link to comment
JoeF Posted February 15, 2012 Report Share Posted February 15, 2012 Hi Swetha, My employer is a H1 consultant.I completed my SAP training with that consultancy so, they are interested in filing my H1,but i can only start working from october. This already looks like working. You may be out of status, due to working for the employer. It seems to be a new trick that shady consultants do, giving people training while they are on H4, so that they don't have to pay people. I suggest finding a better employer. Oh, and discuss your possible out-of-status situation with a good immigration lawyer. Link to comment
gsravan Posted March 5, 2012 Report Share Posted March 5, 2012 HI, My housbands h1 expired on 27 september and his extension was filed on time and my h4 extension or change non immigrant status in Nov and my h1 was approved on feb 13th where as my h4 extension or change non immigrant status is still in initial review status. 1. Can I withdraw my H4 extention or change non immigarnt status and Work on H1(with out stamping). 2. Do i have to go to country of origin for stamping before i can start working 3. Can i go to Canada/mexico for stamping. Please advise. If your H1 is already approved you can ask your attorney to withdraw the H4 application. You can start working on H1 without leaving the country. You will need to get your passport stamped when you exit the country. Link to comment
ch_sra Posted March 16, 2012 Report Share Posted March 16, 2012 If your H1 is already approved you can ask your attorney to withdraw the H4 application. You can start working on H1 without leaving the country. You will need to get your passport stamped when you exit the country. Hi gSravan, Thanks for response. Will i be out of satus from sep 28th2011 to feb 13th2012 Or can i wait until my h4 approval and apply for change of status from h4 to h1 Please reply Or what is the procedure to be in status Thanks Link to comment
Memb77 Posted September 6, 2012 Report Share Posted September 6, 2012 Hi Angle_31, Can you advice how did you go about finding a consultant who is willing to apply for your H1 from H4, I have been struggling on this and could not find anyone open to H4 to H1 transfer, since they feel its lot of work for them. Thanks..appriciate you advice. Link to comment
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