h4 to h1 status change

[wanttogous]

Hi all,
I will be very thankful to you if you give me any idea on my query.
Query:I m working with US based company x and they ll be filing my petition on 1 apr 2014. So as per the predictions this year also there will be lottery system.
My wife has a valid h1b visa and her company wants her to travel to US for 2 yrs.
Incase due to lottery my petition is not passed I wont have h1b visa and I have to wait for next year for filing, instead of that can I go as h4 visa and ask my company x to sponsor and convert it into h1b. Do I have to again follow the lottery sytem to convert h4 to h1.
Your valuable inputs on the same will be highly appreciated, based on the inputs you will provide I have tomplan accordingly.

Thanks.

[jairichi]

Hi all,

I will be very thankful to you if you give me any idea on my query.

Query:I m working with US based company x and they ll be filing my petition on 1 apr 2014. So as per the predictions this year also there will be lottery system.

My wife has a valid h1b visa and her company wants her to travel to US for 2 yrs.

Incase due to lottery my petition is not passed I wont have h1b visa and I have to wait for next year for filing, instead of that can I go as h4 visa and ask my company x to sponsor and convert it into h1b. Do I have to again follow the lottery sytem to convert h4 to h1.

Your valuable inputs on the same will be highly appreciated, based on the inputs you will provide I have tomplan accordingly.

Thanks.

Yes, to convert H4 to H1B you need to come under cap.

[rahul412]

Incase due to lottery my petition is not passed I wont have h1b visa and I have to wait for next year for filing, instead of that can I go as h4 visa and ask my company x to sponsor and convert it into h1b. Do I have to again follow the lottery sytem to convert h4 to h1.

If this is your first H1, then yes. Your petition will be under the cap count.