H4 to H1

[sri420]

Hi,

I was on H1B from 2007-2010. Have been on H4 since July 2010. A new employer is considering H1B offer. My questions are:

1) Is the process to get H1 same as first time petition?

2) Is it it possible to port prior H1 even though there has been change of status

3) Are there any alternative to make the process shorter as I had been issued H1B before?

Any replies highly appreciated.

[JoeF]

If you have been counted for the H1 quota in the last 6 years, you are not counted again.

So, a new employer can file an H1 at any time, and you can start working for the employer when the H1 is approved.

With Premium Processing, the H1 can be approved in 15 days.

[wiweq]

1) Is the process to get H1 same as first time petition?

=> Yes, it will be same but exempted from quota till your 6 years stay on H1b status.

2) Is it it possible to port prior H1 even though there has been change of status

=> Yes.

3) Are there any alternative to make the process shorter as I had been issued H1B before?

=> Go for PP

[wiweq]

If you have been counted for the H1 quota in the last 6 years, you are not counted again.

So, a new employer can file an H1 at any time, and you can start working for the employer when the H1 is approved.

With Premium Processing, the H1 can be approved in 15 days.

==> Oops, 15 days are for result not for approval :)

[sri420]

Thank you both for your reply. Very helpful.

Potential employer is a non-profit organization. I will go for PP. They are asking me if the paper work they need to prepare/file on my behalf/supporting me is going to be as detailed/elaborate as the first time or less paperwork involved as I held H1b with in the last 6yrs? This may influence their decision to offer the job. Please reply if anyone knows the answer. Thx.

[wiweq]

"Thank you both for your reply. Very helpful.

Potential employer is a non-profit organization. I will go for PP. They are asking me if the paper work they need to prepare/file on my behalf/supporting me is going to be as detailed/elaborate as the first time or less paperwork involved as I held H1b with in the last 6yrs? This may influence their decision to offer the job. Please reply if anyone knows the answer. Thx."

=> Every time it's same timeframe, same fees, and same number of forms for H1b processing.

[JoeF]

==> Oops, 15 days are for result not for approval :)

Yes, it can be approved in 15 days with premium processing, but of course, if there is an RFE, it can take longer.