HappyCitizen Posted February 15, 2014 Report Share Posted February 15, 2014 Hello, I am currently on H4 and interested to apply for H1 this year. Two lawyers I consulted regarding this COS stated that my case is risky as I am 'currently not employed' and it will result into making my case weaker and will invite a very extensive and difficult RFE. My understanding - 1. The purpose of H1 is for future employment as the start date anyways is Oct 1 of that year. 2. Why should anyone (specially the USCIS) expect me to work as I am currently on H4 ? My questions - 1. Am I wrong in my above two understandings ? 2. What are the risks involved in my case or generally speaking in any H4 to H1 conversion cases ? Thank you very much in advance. Link to comment
jairichi Posted February 15, 2014 Report Share Posted February 15, 2014 Hello, I am currently on H4 and interested to apply for H1 this year. Two lawyers I consulted regarding this COS stated that my case is risky as I am 'currently not employed' and it will result into making my case weaker and will invite a very extensive and difficult RFE. My understanding - 1. The purpose of H1 is for future employment as the start date anyways is Oct 1 of that year. 2. Why should anyone (specially the USCIS) expect me to work as I am currently on H4 ? My questions - 1. Am I wrong in my above two understandings ? 2. What are the risks involved in my case or generally speaking in any H4 to H1 conversion cases ? Thank you very much in advance. There are no risks involved as long as you have a minimum 4 years bachelor's degree in a field directly related to H1B profession and your employer meets all requirements to file one. Link to comment
pontevecchio Posted February 15, 2014 Report Share Posted February 15, 2014 Maybe a communication error? Link to comment
JoeF Posted February 15, 2014 Report Share Posted February 15, 2014 You need to find an employer, and the employer would file an H1. You can never file an H1 on your own, and there is no point discussing anything with a lawyer unless you have an employment offer. Link to comment
HappyCitizen Posted February 16, 2014 Author Report Share Posted February 16, 2014 Thank you for the replies. I have 6 years work ex which includes 3 years work ex in US (on L1 visa). I have the employment offer and the employer to file for my H1. Its just that even the employer said the same as the lawyer regarding the risks involved and specifically stated that 'not currently employed' has major disadvantage in my case. Link to comment
pontevecchio Posted February 16, 2014 Report Share Posted February 16, 2014 Is the employer a DCC? Link to comment
Attorney_25 Posted February 16, 2014 Report Share Posted February 16, 2014 It is possible that USCIS would question the qualification of someone who has been out of work for a signficiant period of time, but it's not likely nor is it appropriate, if the person has a 4-year US degree or the equivalent qualifying for the particular position. The offered position must also be one which normally requires a U bachelors degree or the equivalent. There may be an issue with the position that you have been offered or with the employer such that the attorney doesn't want there to be anything usual to get the USCIS to look more closely at the petition. I have not seen any RFEs precipitated specifically by the beneficiary having been on H-4 status and thus out of work. Link to comment
HappyCitizen Posted February 17, 2014 Author Report Share Posted February 17, 2014 Is the employer a DCC? I don't know what DCC mean. Link to comment
HappyCitizen Posted February 17, 2014 Author Report Share Posted February 17, 2014 Thank you everyone for the responses. Link to comment
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.