change of status from H4-H1


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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.

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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.

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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.

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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.

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  • 3 weeks later...

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.

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  • 2 weeks later...

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

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  • 5 months later...

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