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umabala

Use my unstamped H1 while I am on H4

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I completed my masters in CSc from the US and I had an Indian company take care of my H1 while I was working in the US. I was to have my visa stamped during my travel to India this December, sponsored by that consultancy, but for whatever reasons I decided to stay back and look for opportunities in India.

 

My better half was also on H1 and she decided to stay with me in India but now her employers are pushing her for H1 extension so that they can have her back and in fact went ahead with it. Even I want to come to the US and work due to personal reasons. So can anyone please tell me whether if I come on H4 along with my wife now, can I make use of my unstamped H1 even after it expires this Sept 30th? That is, can any consultancy sponsor my H1 even though I will be on H4? Also, how long will I have to wait before I can start working again?

 

Thanks,

UmaBala

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Yes you can if you have not used the entire 6 years limit in H1. You need to find an employer who is willing to file a H1B petition for you. Your employer can request for PP (15 days) and once COS is approved you can start working

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With regard to my original question, a person who is familiar with my situation told me that my employer cannot file for my COS from H4 to H1 immediately after I have found an employer and a client (after clearing the interview). According to him, I have to wait for the next H1B quota to start and he mentioned I cannot make use of my unused H1. Could you please confirm that my employer can file for my COS if I go in the month of October. My H1 expires this sept end. Can I start working immediately or can I start working only from the month of April?

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With regard to my original question, a person who is familiar with my situation told me that my employer cannot file for my COS from H4 to H1 immediately after I have found an employer and a client (after clearing the interview). According to him, I have to wait for the next H1B quota to start and he mentioned I cannot make use of my unused H1. Could you please confirm that my employer can file for my COS if I go in the month of October. My H1 expires this sept end. Can I start working immediately or can I start working only from the month of April?

When was your H1B petition approved? If you have not utilized 6 years of your maximum stay in H1B a new employer could file a cap exempt petition (COS from H4 to H1B) and upon approval you can start working immediately.

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Jairichi - Thanks for your reply. It got approved on 10/1/2012 and it is valid till 9/30/2013. I will be travelling to the US after Sept 30th, probably  around Oct 2nd week. Can I then expect to start working in november mid if all goes well?

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Jairichi - Thanks for your reply. It got approved on 10/1/2012 and it is valid till 9/30/2013. I will be travelling to the US after Sept 30th, probably  around Oct 2nd week. Can I then expect to start working in november mid if all goes well?

Since your H1B petition was approved and were counted against cap you are cap exempt now. You can enter US with a H4 and later finding a suitable employer, the employer can file a cap exempt H1B petition (COS from H4 to H1B) and upon approval you can begin to work immediately.

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Since your H1B petition was approved and were counted against cap you are cap exempt now. You can enter US with a H4 and later finding a suitable employer, the employer can file a cap exempt H1B petition (COS from H4 to H1B) and upon approval you can begin to work immediately.

 

Hi Jairichi,

 

  I am in US currently. We tried to contact multiple employers but most of them are not willing to do a H4 to H1 transfer as i have only 3 + years of experience.

Could you please suggest any employer who can do a change of status? I am getting multiple calls for full time opportunity but they are willing to do only H1 transfer. 

 

Thanks for your help..

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Since a so called H4 to H1 COS is the same as a H1 "transfer" in that both entail filing a H1 petition your post is slightly off. How did you get your original H1 petition approved? What happened to that employer?

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Hi Jairichi,

 

  I am in US currently. We tried to contact multiple employers but most of them are not willing to do a H4 to H1 transfer as i have only 3 + years of experience.

Could you please suggest any employer who can do a change of status? I am getting multiple calls for full time opportunity but they are willing to do only H1 transfer. 

 

Thanks for your help..

I do not get you. What do you mean by saying "I am getting multiple calls for full time opportunity but they are willing to do only H1 transfer'? This is what you need.

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I do not get you. What do you mean by saying "I am getting multiple calls for full time opportunity but they are willing to do only H1 transfer'? This is what you need.

Problem here is we need to do change of status which is from H4 to H1.. I don't think any full time company does this we need to go through consultancy for this. 

We are looking for an employer who can do this H4 to H1 transfer. Could you suggest any good employer ?

 

THanks

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Problem here is we need to do change of status which is from H4 to H1.. I don't think any full time company does this we need to go through consultancy for this. 

We are looking for an employer who can do this H4 to H1 transfer. Could you suggest any good employer ?

 

THanks

There are lots of companies who will be ready to do a COS from H4 to H1B as you are cap exempt. You just need to keep looking. With a consultancy even though they are more eager to do a COS there are lot of risks involved. If you go through this forum you will find that.

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Problem here is we need to do change of status which is from H4 to H1.. I don't think any full time company does this we need to go through consultancy for this. 

We are looking for an employer who can do this H4 to H1 transfer. Could you suggest any good employer ?

 

THanks

You think wrong.

Lots of real companies file H1s. Examples of big companies I know of are Microsoft, Google, Intel, Yahoo.

Stay away from consulting companies.

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There are lots of companies who will be ready to do a COS from H4 to H1B as you are cap exempt. You just need to keep looking. With a consultancy even though they are more eager to do a COS there are lot of risks involved. If you go through this forum you will find that.

Thanks Jai.. Companies who contacted us were saying they don't do COS.. We will just keep trying. 

Yep we do understand the risks going through consulting companies. That's the reason we posted in this forum to find out are there any good consultancies :)..

 

Thanks for the info..

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You think wrong.

Lots of real companies file H1s. Examples of big companies I know of are Microsoft, Google, Intel, Yahoo.

Stay away from consulting companies.

Thanks Joe..  Yeah we weren't sure of how consultancies work so posted to get a feedback.

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Thanks Jai.. Companies who contacted us were saying they don't do COS.. We will just keep trying. 

Yep we do understand the risks going through consulting companies. That's the reason we posted in this forum to find out are there any good consultancies :)..

 

Thanks for the info..

You are welcome. As JoeF also suggested lot of companies do COS to H1B. I agree that you see a lot of this COS with consultancies but it is worth to be patient than running into risks of RFEs, denials, labor laws violation, etc when applying through consultancies. Good luck.

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Hi,

 

 I have an employer who is willing to do H4 to H1 COS. My spouse who is on H1 is doing H1 transfer at the same time.  Will there be any problem with my H4 to H1 COS due to this? Can i submit my spouse current I797 & paystubs or do we need to provide new I797 for this COS?

 

Thanks

Umabala 

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Hi,

 

 I have an employer who is willing to do H4 to H1 COS. My spouse who is on H1 is doing H1 transfer at the same time.  Will there be any problem with my H4 to H1 COS due to this? Can i submit my spouse current I797 & paystubs or do we need to provide new I797 for this COS?

 

Thanks

Umabala 

No issues. You can go ahead.

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