H4 to H1 Transfer(Does Have approved I 797)

[kchag99]

Hi,

I had applied for H1 Visa in 2009 and got 221(g) query related to the Employer in 2009 September.Due to some Circumstances the Employer Didn't Respond to the Queries that were put down by the Consulate.I have an approved I 797 Which is Valid until Sept 2012.

I worked until Jan 2012 in India and Recently got married .I came to U.S on H4 Visa in Feb 2012. As Many suggested me as I do have approved I 797 in 2009 , I would't be coming under the Fresh quota of H1B. I can use the old approval to change the status from H4 to H1.

So can any One Suggest me the best way that I can transfer from H4 to H1 as I do have approved I 797 all I need is the Change of Status.

[kalyan_ac]

Since you have an approved h1b within the last 6 years you are cap-exempt.

Just find a job and have them file for a h1b and you are all set.

[kchag99]

Thanks for the Quick Response...

My small doubt regrading this is

Would Companies Consider this as Sponsorship? or Change of Status?

Bcz all the Employment Oppurtunities on my Technology Until now were from Fulltime Employers.

There were many employers who were not willing to sponsor H1....So will my Case come under Sponsorship or Change of Status? Pls let me know.

If it is Change of Status (COS) How should I explain to the Employer that It is Just COS?

[kalyan_ac]

This is a change of status but you still need somebody to sponsor you.

A sponsor(employer) files for the change of status.

[dgm]

Either way it is same. You need visa sponsorship for employment.