Newbie Question: H4 to H1 Transfer

[Neesa]

Hi,

I have been in the US for close to 3 months now on a H4, I have a prospective employer willing to file for H1.

- Since I came only 3 months back I am thinking twice about having to go back to my country of Origin for H1 stamping in immediate future.

- Is there a possibility to just change status from H4 to H1 while in US and not go back to my country?

Thank you,

Neesa

[JoeF]

The H1 quota is full.

A new H1 can only be filed from April 1 on, for a start date of Oct. 1.

[pontevecchio]

First of all the cap is filled. Any sponsor can file after April,1 for a start date after October,1. Hence the visa stamp will not be needed soon. H1 visa stampoing is based almost in whole on Employer credibility.

[Attorney_7]

Generally, it is possible change one’s status from H4 to H1b without having to travel. However, as each individual’s situation is different, it is strongly recommended that you consult an immigration attorney.

[Neesa]

Generally, it is possible change one’s status from H4 to H1b without having to travel. However, as each individual’s situation is different, it is strongly recommended that you consult an immigration attorney.

Thank you for the quick reply.