H4B- H1B Transfer

[yrkseshasai]

Hi

We are totally new to this visa process.

My wife got H1B and currently she is in US. I am planning to go on H4B and then transfer to H1B.

I have some questions, may be basic but it will be helpful

1)If i enter US on H4 B in May 2013 am I eligible to apply for H4B- H1B transfer for this year

and start work in OCT 2013?(assuming i will get a suitable employer)

2)Is there any time limit like on H4B you should complete 6 months like that..

3)Will I be allowed to travel to india after applying for H1B transfer and come back to Us during H1B interview time

4)How long it will take for H4 to H1 conversion if we find a suitable employer?

5)H4B -H1B conversion can be done in any month during the year or it starts only in April?

thanks in Advance.. waiting for the response

Seshasai

[Attorney_25]

Theoretically if you apply for a change of status less than 60 days after your entry, USCIS could say you used the wrong entry document for your purpose, and refuse to grant change of status. (They could still approve the petition.)

It's quite likely that by the time you arrive in the US the cap will have already been hit, i.e. no more H-1B visa numbers left until the next fiscal year) in which case you will need to wait in H-4 status until next year. (Or you could change to F-1, if you have the true intent to study for and receive a US degree. Be sure you go through a properly accredited program and avoid the schools that everyone attends just for the purpose of receiving CPT - just my opinion.)

For H-1B petitions subject to the cap that opens April 1, the earliest allowable work start date is October 1, 2013.

[JoeF]

(Or you could change to F-1, if you have the true intent to study for and receive a US degree. Be sure you go through a properly accredited program and avoid the schools that everyone attends just for the purpose of receiving CPT - just my opinion.)

It is also possible to study while in H4 status.