H4 to H1B


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I am currently living in the USA on H4 visa on my wife's H1B visa. While our greencard is in process, she has no EAD for me to work.

I have previously worked on L1A in the USA and did a change of status from L1A to H4 visa.

While we are waiting to have my wife's PWD approved, I have been contacted by companies to interview. A company is willing to sponsor my H1B visa. (never been on H1B in the US)

 

I am trying to understand - when can the company file for my H1B petition - is it only in Mar/Apr ? Can they put any start date or is it always Oct 1 of the same year ?

 

As far as I know, fresh applicants apply for lottery in Mar/Apr and then they work on H1B from Oct1 - most of them have an interim visa that allows to work between those periods. I do not have an interim work permit - what are my options ?

 

Thank you in advance.

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There is an H1 quota for each fiscal year. The US fiscal year starts on Oct. 1, e.g., fiscal year 2023 starts on Oct. 1, 2022. So, that's the earliest start date for an H1 in the quota for fiscal year 2023.

An H1 can be applied up to 6 months before the start date. That means, for example, a company can file for an H1 for fiscal year 2023 on April 1, 2022. Because there are more applications than the number of allowed H1s there is a lottery.

Companies that file H1s know all this.

Nowadays there may be a second lottery, but still, it is unlikely that you'd be able to get into that.

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