Duration of H1B visa for H4 holder

[wsams]

Scenario: I am currently on H4 visa for 6 months & will be on my H1B after two & half years. Totally 3 years on H4 visa.

Question: If given a H1B visa, How long will it be given for? 3+3 years or for just 3 years, Since i was already present on my H4 visa for 3 years?

Please clarify

Thanks

[pontevecchio]

Periods on H4 status are delinked from the 6 years in H1 status.

[Chitown01]

Being on h4 does not count towards your 6 yrs h1

[neha.bh12]

Hi,

I would like to seek some advise on Change of Status from H4 to H1-B.

I have a valid approved H1-B Petition from Employer 'A' in India. Due to some reasons I could not go for H1-B stamping and had to leave my job and travel to US on a H4 Visa.

Before leaving the company, the immigration dept of my employer suggested me that since I have an approved H1-B valid Petition, I can try for a job in US provided the new employer in US files for my H1-B. He also said that I will be Cap-Exempt since I have an approved H1-B Petition.

My queries are:

- An employer in US is ready to hire me but says that they do only H1-B Transfers and not a new H1-B. Could you please suggest where my case stands as I am cap exempt for H1-B filing.

- Since I am currently on H4, how will the Change of Status happen. what would be the high level procedure.

Please provide your valuable suggestions.

[livliv]

Yes, yours will be a transfer. However, you will not be able to start until change of status gets approved.

On a high level, the employer will file the petition with change of status preferably in premium if they want you to join soon. You will need to provide proof of cap-exemption (previous H1 approval notice copy), proof of current status (H4 I-94 and spouse's approval notice, paystubs and I-94, marriage certificate). After change of status is approved you must immediately start working.

[pontevecchio]

" H1-B Transfers and not a new H1-B"

A H1 "transfer" is a new non cap H1 while one is changing jobs.

They need to file a H1 petition with COS from H4 and on approval you can start. Tell them you do not have to wait till October,1.

[Chitown01]

1. There is nothing like H1 transfer, it is always a new petition. You are cap exempt thats true, let say next month you find a new job and employer is ready to do your h1, they will file for your petition which will be cap exempt and you can start working only after approval.

2. It would be the employer filing for new H1 b with change of status nothing else...

[neha.bh12]

Hi Livliv, Pontevecchio and Chitown01,

Thanks for your responses. They did help me get a better understanding of my situation.

I have one more question - Livliv mentioned that I would need the previous H1-B approval notice copy while the new employer files for H1B with COS. However, I only have the petition number with me and not the approval notice. My previous employer had stated that they give the approval notice to the employee only when the employee is going for H1B stamping (which I did not go for and travelled to US on H4).

Please advise if the petition number would be sufficient for processing.

Thanks.

[livliv]

Technically it is sufficient. However, your new employer's attorney may need some convincing.

[Chitown01]

Most recent petition number is required on I-129, also required is a photocopy of previous approval notices.

Talk to new attorney to what you can submit and what you cannot.

[neha.bh12]

Thanks Livluv & Chitown01. Appreciate your help. Would keep posting as this moves forward.