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angel 31

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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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

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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.

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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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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

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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.

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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.

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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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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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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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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.

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