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Is change of status (h4 to h1) subject to 65k H1 Cap?

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Hi,

I am on H4 Visa and in US from the past 6 months. I am planning to apply for H1b under premium processing mode. Will the change of Status (H4 to H1b) still fall under quota(of 65k limit) if we go through premium processing or is it exempt from the 65k quota?

 

Thank you

Sravanthi
asked Jun 15, 2012 in H1B Visa by sravanthi (170 points)
Hello Sravanthi,

Have you applied for H1? My wife is also on H4 in USA and want to apply for H1. Do you know the process for H4 to H1B visa?
The process is to find a H-1 sponsoring employer and have them file H-1 for her along w/ COS from H-4 to H-1. Once it gets approved along w/ COS, she can start working on H-1 from Oct 1 or actual approval date (whichever is later).

1 Answer

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Best answer
Sravanthi,

Yes the change of status falls under quota. In general when you apply for your H1b for the first time it falls under quota unless when its from a cap exempt employer.

PP or regular does not matter for the cap count, , PP only quickens the processing time if you make the count. Since the Cap is already closed as of June 11th you will have to wait till April 1,2013 to file your H1b petition.
answered Jun 16, 2012 by Vicky (11,330 points)
selected Jun 18, 2012 by Saurabh
Thnaks for the info.

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