Cant travel and also cant wait.. Help please..

[jaianjali]

HI i am in such a situation i cant define my problem,

 

I came US on F1 (2 year visa), changed university after a year. It took one more year to complete the masters in new university. I got OPT and worked for a while, now waiting for extension, Also i am planning for H1 for this April.

 

I was asked to come india before march,2014 for marriage, which i couldnt make it. if so i may not come back because my visa got already expired(but maintaining status) But my spouse got H1, i may get H4... i would like to know can i go to India and come back before April so that i can apply H1...  Can i apply to H1 from H4 directly is that possible or do i need to apply to an university to get back to F1 again.

 

 

My question is i dont want to mess the current status and take all the pain to get H1 again by studying in an university

 

Nor i cant wait until next november for my H1 and then go.

 

nor i can marry here

 

 

Is there any other way other than these two options...

 

Please advice...

 

Thanks,

Jai

 

[catx]

First and foremost, you cannot apply for a H-1B visa.  A H-1B visa petition is applied (and paid) for by a sponsoring employer.

 

For the situation you have outlined, the next time an employer can file a H-1B visa petition is April 1, 2014 for employment starting on October 1, 2014.  It should be relatively straight forward for you to get a H-4 visa based on your spouse's H-1B visa, and then get a H-1B visa through a sponsoring employer.  I do not see any issues.  (Do not try to use applying to a university to a get a F-1 visa as some sort of 'bridge'.  That is not legal.)

[jairichi]

HI i am in such a situation i cant define my problem,

 

I came US on F1 (2 year visa), changed university after a year. It took one more year to complete the masters in new university. I got OPT and worked for a while, now waiting for extension, Also i am planning for H1 for this April.

 

I was asked to come india before march,2014 for marriage, which i couldnt make it. if so i may not come back because my visa got already expired(but maintaining status) But my spouse got H1, i may get H4... i would like to know can i go to India and come back before April so that i can apply H1...  Can i apply to H1 from H4 directly is that possible or do i need to apply to an university to get back to F1 again.

 

 

My question is i dont want to mess the current status and take all the pain to get H1 again by studying in an university

 

Nor i cant wait until next november for my H1 and then go.

 

nor i can marry here

 

 

Is there any other way other than these two options...

 

Please advice...

 

Thanks,

Jai

Your employer can file for a H1 if you are on H4 in US as COS cap subject H1B petition or as cap subject H1B petition with consular processing.

[jaianjali]

Your employer can file for a H1 if you are on H4 in US as COS cap subject H1B petition or as cap subject H1B petition with consular processing.

 

It doesn't necessarily required we need to be in OPT before applying H1???, Can we directly convert H4 to H1 if we have an job offer from client??? 

[jairichi]

It doesn't necessarily required we need to be in OPT before applying H1???, Can we directly convert H4 to H1 if we have an job offer from client??? 

Yes, an employer has to file a cap subject H1B petition with COS from H4 to H1b in April 1st and on approval you can start working from Oct 1st.

[F1struggle]

Yes, an employer has to file a cap subject H1B petition with COS from H4 to H1b in April 1st and on approval you can start working from Oct 1st.

This is  true but very hard to accomplish, most don't want to "risk" hiring you without "trying you"