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H4 visa to H1B visa transfer for 2011. Impact of New H1B rules on H4 to H1B visa conversion 2011 Quota

Wedding H4 Visa I was asked by one of our readers about options for H4 to H1B visa conversion as she was planning on applying for H1B visa petition for 2011 quota.  The impact of new rules with H1B employer-employee relationship have a significant impact on the all those qualified H4 visa  holders who would like to apply for H1B visa for 2011 quota. This article will focus on some of the impact on H4 visa holders. If you do not know new rules. First Read the articles :

H4 Visa holders general situation :

Typically, significant number of the H4 visa holders are well educated with B.Tech degrees and some of them probably would have worked in Indian IT Consulting companies like Infosys, Cognizant, TCS, Wipro, HP, IBM etc. for few years anywhere from 1 to 5 years. Once these well qualified professional women marry H1B visa holders working in US, they come to US on H4 visa and back of their minds, they are thinking : “After I go to US, I am going to apply for H1B visa and work in US along with my husband ”. Also, the guys are thinking too, “I should apply for H1B visa for my wife in the upcoming H1B visa quota”.    Typically, this used to work out very well until recent years where there has been recession hit and significant job losses all over US. In general, it is very hard for someone who used to work full time as a professional to sit at home all day and do nothing. It is just frustrating and in fact waste of time too.

New H1B visa 2011 rules impact on H4 Visa holders:

Well, with the new H1b rules  memorandum and additional requirements for H1B visa petition, there is a big question prevailing among the H4 visa holders, “How to find a good H1B visa sponsor who can fulfill the new rules ? ”. With the new rules  the small desi consultancies who used to H1B visa sponsorship are no longer in good shape to file a valid H1B visa petition.  I have already written a section about this in previous post, where I explain “What does New H1B rules for 2011 Quota mean to all the Small IT Consulting Companies ?” . Anyways, bottom line, your options for finding prospective H1B visa sponsors are very limited.  I am sure the husbands on H1B visa are looking all around for any contacts to find a good employer. Few tips for looking for employers.

What/How to look in an employer to sponsoring H1B visa for 2011 quota:

  • You really want to look for companies of good size, I would say at least 150 or more.
  • The most important thing is to look if they have project implementations in US and they have employees working on site and reporting to the consulting company and not to client. They must have few implementations. It is very important for your Visa approval.
  • As always, you can verify the size of the company and other details like denials, etc. Check the article: Things to verify before you choose employer for H1B visa .
  • One of the avenues is to look at the big outsourcing concept consulting companies like Infosys, TCS, Cognizant, HP, Accenture, etc. There are many outsourced projects and because H4 visa holders have some work experience, they can cash that in and build a strong resume.  It would be an ideal option if you can find a job in the big IT outsourcing Consulting companies.
  • Another option is to look for Full time job at any American company. If you can dictate the start date with the company to have it  from October 1st, then you can adopt this option. It might not be possible. Read the below for more likely situation based on cap numbers.

If H1B quota for 2011 lasts until December 2010 :

Let’s say, hypothetical situation (cannot count on this, but something to think about), the H1B visa quota lasts till December 2010. It does not even be till December, even the H1B quota lasts until October 2010, there is another idea. You can start looking for Job in any American Companies. I mean, look for a FULL Time job in any American company. You are not limited to consulting companies. Based on the cap count, you can see the situation and may be start looking for Job from August and you might get an offer in September, they can apply for Visa.  Ideally, it takes 2 months or so for getting full visa approval. It sometimes comes early too based on how fast USCIS Process the H1B visa petitions. Anyways, you may start looking for job from June too and may get an offer in August and by the time the visa process is done you are already there in October 2010.

It is a very hard situation for all the H4 visa holders and I know quite few of my friends who recently got married and are planning on H1B visa for their wife, but having a hard time with new rules and recession. Well, it is what it is, we cannot change much. Just try harder… Good Luck!

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1,234 Comments

  1. Hi Saurabh.

    Thanks for all the help with your advice.

    I was on H1. Went to India. 221g there. Its pending since 9 weeks. Now back in US on H4.

    Came back 3 weeks ago. If I were to work again, should I wait for approval of new H1 or can I work after petition is filed with USCIS?

    AmI cap exempt or should I wait till Oct?

    Reply
  2. Hi Saurabh

    My husband’s company has filed for my H1 visa for the FY2013 from India. In such a case the earliest that I can travel to US is in October. Since I want to travel in May itself, is it possible that I can apply for H4 and travel to US? Once the H1 that the company has filed for me gets through can I change from H4 to H1 while in US itself? Do I need to get back to India for stamping in such a case? Or is it advisable for me to wait till I get to know the approval of the H1B that has been filed by the company.
    Please suggest.

    Reply
    • Deepa,
      IMO, you can travel to US on H-4 and later file COS from H-4 to H-1. However, you will have to check w/ your H-1 attorney about it and whether they can file it or not.

      Reply
  3. Hi Saurabh,

    I am currently in India and I have filed for H1B visa in first week of April in Chennai, India. Is it now possible for me to go to USA in another 2 months in H4 visa and then change to H1B visa once it gets approved? Do I need to come back to India immediately for H1B stamping or can it be done when ever I travel back to India in the near future?

    Reply
    • Preethika,
      IMO, you can travel to US on H-4 and later file COS from H-4 to H-1. However, you will have to check w/ your H-1 attorney about it and whether they can file it or not.

      Reply
  4. Hello Saurabh,

    I got h4 visa in feb 2012, and planning to move to US on may 15th 2012.
    My employer accepted to file h1 visa for me.
    I have two options, which are stated below.
    Please advice me which case will be better.

    CASE1:
    1.Whether can we file h4 to h1 visa conversion or directly h1 visa in India(as the cap count is increasing fast FY 2013)?
    2. and while the conversion is in process can i fly to US with valid h4 visa in may?,Please let me know whether this will effect my h1 process.
    3.In the above situation do i need to come back to india for stamping as my h1 is filed in india?

    CASE2:
    Leave to US as early as possible(i can start earliest by may 8th) and start h4 to h1 conversion process their immediatey?

    And one last question.
    by analysis can we say that this cap count will go up to june or july?

    Reply
    • Lavanya,
      I think the cap will remain available at least till July. Next few weeks trends will provide more information on how quickly quota is getting over.

      I would prefer #2, as there is no need to get H-1 visa stamped in this case, and we have seen lot of 221g getting issued during visa stamping these days. However, that requires you to travel early and quota remaining open till May (which I think it would). What you can do is ask your employer to keep all documents ready and then have them file if if counts shoot up. Otherwise they can use those documents to file H-1 after you reach US. BTW, if you enter US on H-4, it is better to stay for at least 30 days before filing H-1 w/ COS.

      Reply
  5. Hello Saurabh,

    I am currently in US with H1,it is valid till october.My company is planning to extend my visa.My wife also has H4 visa valid till oct & she is coming here in May. Please advice me in the following situation.
    Her company is ready to apply for her H4 to H1 conversion,so they are planning to do this after one month of her arrival in US.
    1.Now shall i go for mine & her visa extension process as well as her H4 to H1 conversion at same time or wait till i get some response for her H4 to H1 process & then proceed.Which way will be better.
    2.Can i go for our visa extensions seperately i.e my visa extension in this month & her H4 extension after 2 months.Will there be any problems if i do that.

    Regards,
    Srikanth

    Reply
    • Srikanth,
      My suggestion would be that her employer files her H-1 w/ PP, so that she knows soon about the result. If it gets approved, then she will be on H-1 from Oct 1 and you no longer need to worry about her H-4. In case of denial, you can file H-4 extension for her as well. The earlier you know about her H-1 decision, the more time you will have to determine whether to include her H-4 or not.

      Reply
  6. Hi Saurabh

    I am on University H1b(Cap Exempt). Now I am looking for job in other companies. Is my current H1 is transferable? If yes , what about start date? If no , what should be the process?

    Please advise.

    Thanks
    Leslie Dmello.

    Reply
    • Leslie Dmello,
      A cap-subject employer can file H-1 for you while the quota is open. The petition will be reviewed and approved for Oct 1. However, you can start working for them as soon as the petition is filed based on H-1 portability.

      Are you looking to move to another cap-exempt employer?

      Reply
  7. Hi Saurabh,
    I am on L1 . My L1 expires on 24th sep 2012.
    I have applied for H1 and shall be able to work on H1 from 1st Oct 2012.
    My I-94 is valid till Feb,2014,

    For these 7 day ( 25th Sep,2012 to 30th Sep 2012) Can I work in US on my H1 approved petetion ? or

    Am I allowed to stay in US and again start work on H1 ?

    Reply
    • Tina,
      You are allowed to stay for those 7 days based on your L-1 I-94, but you cannot work as your H-1 won’t start until Oct 1. You can work on L-1 though for these 7 days. When you say L-1 expires in Sep 2012, are you referring to the visa stamp in the passport?

      Reply
  8. Hi,
    I am on h4 visa. I want to change tom h1 visa. Is there any one who can give me a trustful consultancy who does it.
    My gmail id is richachauhan241 at gmail dot com

    Reply
  9. Hi
    I was on L1 and the extension got denied in Oct2011 and we went back to India on Oct10th 2011, My wife though got her H1B and we came back from India in Jan2012..
    Now i have a company willing to sponsor my H1 (am on H4) .. would it be a problem since i wasnt out of usa for more time (3 months to be precise).

    regards

    Reply
    • Hi Kanwar,

      I am also in a similar situation as urs. I am also looking for sponsors for my wife. Could you please let me know about the consultancy which can do that for my wife.
      My gmail id is dnmech007[at]g m a i l [dot] com
      Thanks,
      Durgesh

      Reply
    • Hi Kanwar,
      I am looking for a consultancy which can file my H1 visa. I am on H4 currently. Can you please let me know the consultancy which can file H4 to H1 visa.?? My email id is jagadeesh82 at live dot com.

      Thanks,
      Baba.

      Reply
  10. Hi saurabh,
    I am manager in a Indian IT firm and in the US in H1B, I have been in India for last 1 year.
    Am i eligible for EB1 categrory of GC application.

    Regards
    Ashwin

    Reply
    • Ashwin,
      Usually the answer is no. It will also depend upon the job requirements for the position and why it is so extra-ordinary that it makes you qualify for EB-1 and not EB-2 (for example).

      Reply
  11. Hi,
    My H1B visa got initiated at employer level and i am going to get married in June. She is doing her final year BE.So atmost she might have six months experience before we might travel to US. Is it possible for her to initiate her visa at H4 level ?

    Reply
    • Naveen,
      If you are in India, as long as you have approved petition with valid Visa stamp, she can apply for H4 and you both can travel to US if her H4 is approved.

      Reply
  12. Hi Saurabh ,
    My husband has H1B since July 2008 ,but he travelled to US only in September 2010.Now we are with H1B extension.
    I just want to know if the 6years H1B period includes only the stay period(starting Sep 2010) or since the date visa was issued(starting July 2008).

    Reply
  13. Hi Saurabh,

    My case goes like this…

    I am on H1b with Company A and it is valid for another 2 years.
    I am planning to move to company B soon. They will be filing my H1b visa.

    My question is, what happens if my parents go for a visiting visa with company A’s documents….like pay stubs,my I797, employer letter etc. and mean while company B just applies for my H1b….let’s suppose on the day my parents go for their visa interview, Company A still holds my H1b but Company B also filed H1b for me and received a reciept number…will that be a problem??

    Reply
  14. Hi Saurabh,

    My husband got H1 approval from company A and visa validity was oct 2009 to sept 2012. I got married in May 2011, came to USA on tourist B1B2, which had an immigration validity till Dec 26, 2011.

    Now my husband applied for his H1 transfer thru company B and my H4 application thru company B in July 2011. Both our Visa tranfers are still in “initial review” stage.

    The concern is that now my husband applied for an H1 transfer thru company C in Mar 2012 and got H1 approval.

    Now can i apply for my H4 application thru company C with my H4 application still in processing thru company B? or is there any other alternative.

    Entered US June 2011
    H4 applied July 2011
    Immigration of 6 months expired on Dec 2011
    March 2012 Status of H4 applied in July 2011 still pending.

    Please suggest the best alternative for me to get H4.

    Thanks!

    Reply
    • Deesa Kamdar Shah,
      You don’t have a valid I-94 at the moment. So any H-4 you file now, will not get approved until the prior H-4 is approved. A better option would be to leave US and then return on stamped H-4 visa. The risk is that you might be asked why you stayed for the entire 6 months on B-1/2 and then what happened w/ all the H-4 petitions. It’s better to take the advice of a legal attorney in this case. Although it doesn’t matter now, but you should have entered on H-4 visa and not B-1/2.

      Reply
      • Thanks a lot Saurabh for your quick reply.

        I had to come on B1/2 as my husband had an immediate joining in company B.

        Please help me with the last two questions –
        1. If in these 4-5 days before I go out of US if my H4 with company B gets approved can i then apply for H4 transfer from company C.

        2. If i am going to get my H4 stamped out side US, what is the most important document i need from company C for my h4 approval.

        thanks in advance.

        Reply
        • Deesa Kamdar Shah,
          1. You need to have just 1 H-4. It is not necessary to file any kind of H-4 transfer to the new employer. People do that so that the H-4 always remain in sync w/ H-1 I-94 expiration date.
          2. You will need employment documents for your husband from C (payslips, W2, 797, employment verification letter, client letter etc). Also, you would need proof that you have been maintaining status all along in US, for which you will have to carry documents showing that H-4 COS was timely filed. You may be asked why you stayed for complete 6 months on B-1 and why you moved to H-4 from B-1/2

          Reply
  15. I have H1B stamped from company A but have not traveled to USA on it.
    Currently I am in US on H4 visa, Can I get my H1 transfer don here to company B,

    Reply
    • Manisha,
      Yes,t hat can be done. Another employer can file H-1 transfer for you. Once approved you can travel to US using B’s petition and A’s visa stamp. No new visa stamping is required as long as previous visa stamp is valid.

      Reply
      • Thanks for your reply.
        My visa valid till next year end.
        I read somewhere following docs maybe required

        · Up to 3 months latest pay stubs.
        · Copy of your existing H1B approval.
        · Passport copies.
        · Copies of I-94 records.
        · Copy of Social Security Card.
        · Latest Resume.
        · Copy of existing valid visa.
        · Copy of all your Diploma/Degrees.

        I do not have payslip and ssn since I didnt travel to US on H1B before.

        Will this restrict me from filing H1B transfer to new employer B?

        Kindly let me know your view.

        Reply
        • Manisha,
          They are required only if one has traveled to US on H-1 as proof that you maintained legal status when in US on H-1. If you have not been to US on H-1, then those are not required.

          Reply
          • Thanks for reply.
            One more question. Should this H1B transfer be done while I am still with 1st employer? If I resign , will my H1B still be valid to be transferred to employer B?

          • Manisha,
            This can be transferred anytime – before you leave current employer or while you are employed w/ them. Always keep a copy of approved 797 w/ you as it will be required during the transfer.

  16. Hi Saurabh,
    Incase I change status from h1 to h4 while im in US in March 2012. And i visit canada in april 2012 for h4 stamping.
    Incase my visa gets denied. Can i travel back to US on my previously stamped h1B that valid till 2014.?

    Thanks
    Sri

    Reply
    • Sri,
      If your H-1 visa is not canceled during stamping, then you can return on H-1 visa provided your employer has a job ready for you in US. If employer is not ready w/ job, then you should not return on H-1.

      Reply
  17. Hi Saurabh, I’m currently on H4 and is it possible to file multiple h1 petitions from different employers if i have job offers ? Also, I heard the chances of h4-h1 approvals will be less if you apply early in april..any thoughts on this? Will applying premium on H4 affect any ways towards decision as the work start date would be Oct 1? Thanks

    Reply
    • Sunny,
      Chances of approval will depend upon employer credentials, your profile and offered positions relevance to H-1 laws. Legally, multiple employers can file H-1 petitions for you. Your H-1 cannot start prior to Oct 1 irrespective of whether filed as PP or not.

      Reply
  18. Hi Saurabh,

    My H1B 6 years limit will be completing in Aug 2012, I am planning to change my status to dependent (H4) on my wife’s H1B which is valid for another 2 years sometime in July 2012. If I want to convert back from H4, to H1 the following year,
    wanted to know what is the earliest that I can apply for change from H4 back to H1

    Reply
    • George,
      Your clock will not be re-set unless you live outside of US for at least 1 year. So if you continue to live in US on H-4, then you will not be come eligible for H-1.

      Reply
  19. Hi Saurab,

    My employer has filed H1 for me and its approved on 28th Feb and its current status is “post decision activty”.Today when i was looking into my JD, i found that i have inlcuded my mother name in “Other Name/Maiden name” category.Will it create any problem.Do i need to ask my employer to remove it or let it be there?

    Reply
    • Dinu,
      I don’t know if it would be an issue or not. You will have to wait to see what name 797 has. If it has the maiden name, then it needs to be corrected to contain only the first and last name.

      Reply
  20. Hi Saurabh,

    I got my H1B extension approved. I will be travelling to India for my marriage. I would like to know if I can add my fiancee as my dependent before marriage and fill up the forms for H4 visa stamping. I want to do this because I got only 4 weeks leave and my company take a minimum of 2 weeks for internal formalities before they book a visa appointment. So if I submit the forms earlier after marriage I can take my spouse with me for stamping and also travel with me to US.

    Reply
    • Abu,
      From H-4 perspective, the only formality required is H-4 stamping (assuming she is out of US at the moment). For that, I don’t know what formalities your employer needs to do. AFAIK, you need to carry regular stamping documents and then go for H-4 visa stamping. You will have to carry marriage certificate, wedding card/album etc. I assume you will also have to get H-1 visa stamped as you just got it extended.

      Reply
    • Ashwin,
      DHS is planning to come up w/ rules on that, but as of now there is no such rule. The initial statement from DHS didn’t provide clarity as to who exactly qualifies to work while on H-4 – is it a dependent where I-485 has been filed or a dependent where I-140 has been filed etc. They certainly didn’t mention that all H-4 visa holders can work, but plan to provide EAD to dependents whose primary beneficiary has his/her GC process reached a certain stage. We will have to wait for more information from DHS on this.

      Reply
  21. Hi Saurabh,
    Currently i am on H4 , and got sponsor company, they are going to file my H1b visa in April , but i would like to know.. can i travel to India in may after filing my H1B with company and will come back somewhere in july so that i can start my work in oct.? Thanks In advance

    Reply
  22. Currently i am on H4 , and got sponsor company, they are going to file my H1b visa in April , but i would like to know.. can i travel to India in may after filing my H1B in april with company and will come back somewhere in july-Aug so that i can start my work in oct.? Thanks In advance

    Reply
    • Ann,
      If you want to do that, make sure your H-1 gets approved w/ COS prior to your travel out of US. Then, you can return on H-4 prior to Oct 1, and still be on H-1 from Oct 1. If you leave while H-1 is pending, then your status would remain H-4 after returning to US and will not change to H-1 from Oct 1.

      Reply
      • Thanks Saurabh,
        But if i file for H1B visa in first week of April. when it will get approved?? I mean do you have any idea of visa processing time.?

        Reply
        • Ann,
          Regular processing can take 2-6 months, not including RFE time. Under premium processing, it will be adjudicated within 15 calendar days.

          Reply
          • Thanks Saurabh,
            one more question,
            Is there and eligibility criteria for H1b Premium processing.? also i apply for regular H1b visa and go to India in May mid week and come back in September, without any decision for my H1b, and after i come back (Enter in US on H4 ) how will my H1b decision get impacted?? will it get denied or what?? any is there any specific reason for that?
            Thanks.

          • Ann,
            There is no eligibility criteria for H-1 PP.

            Your H-1 may still get processed, but your COS would be considered as abandoned. So you will have to file for COS after petition gets approved, or enter US on stamped H-1 visa. Your H-1 petition would continue to get processed despite the fact that you left US while it was under process.

          • I got your point. . but as you said after approval of my H1b visa, i can come back to US on H4 and i will be on H1B visa from Oct 2012, but my H4 visa is not yet stamped. so once i travel to India after my H1b Approval. which visa i should get stamped? is it H1b or H4? i will enter before Oct 2012.
            Thanks

          • Ann,
            You can go for either. If your H-1 is approved and you go for H-4 visa stamp, you might be asked about H-1 petition. If you have filed through a credible employer who has a good track record, then you can go for H-1 visa stamping as well.

            The thing is if you want to return prior to Sep 20th, then you can only return on H-4. If you want to return after that, then you can return either on H-4 or H-1.

  23. Hi,

    I am on H4 visa in US. I am planning to apply for H1B in April 2012. So, can I travel to India immediately after H1B application without approval and go for H4 stamping in India ?
    Is there will be any problem in H1B approval ?
    What happens , if I leave US after H1B approval effective for oct 1st 2012 ? Can i go for H4 stamping in India (if my H1B is approved) and come back on H4 in september and start work in october on H1b ? Please Advice.

    Reply
    • Hetal,
      You can leave US while H-1 is under process. However, your COS would be abandoned once you do so, as the I-94 entry will be closed on your departure.

      If you leave US after H-1 has been approved w/ COS w/ effective date of Oct 1, you can return back on H-4 and then be on H-1 from Oct 1. No H-1 stamping is required, and you can go for H-4 stamping (if required).

      Reply
      • Thanks Saurabh.
        Is there will be impact on H4 stamping because of H1B approval ? Is it safe to travel India and go for stamping ?
        Please advice.

        Reply
        • Hetal,
          I don’t think there will be any impact. I have seen instances where peson had approved H-1, but still had successful H-4 visa stamping.

          Reply
          • Hi Saurabh,

            I have the same situation.

            Currently in US on H1 with my wife (h4) without visa stamping. Applied my H1 yesterday. Suppose it get approved by July/ August 2012 and we travel to india in sep 2012 for 2-3 weeks then
            1. Can she go for H1 stamping before oct 1, 2012.
            2. If so can she enter to US on H1 before Oct 1, 2012 but start work on oct 1, 2012.
            3. No matter what visa she will use to enter US (h1 or h4). Her status would be in H1 from Oct 1, 2012 onwards?

            Thanks.

          • Pankaj Gupta,
            1. Yes. She can go as early as 90 days prior to H-1 start date
            2. She can enter on H-1 at most 10 days prior to H-1 start date. So in this case, she can enter on H-1 on Sep 20th or later
            3. Yes, as long as her COS is approved before she leaves US, and she enters US prior to Oct 1.

  24. Hi Saurab,

    I am on H1b and got my extention approved. My wife is on h4 in US with me and we are planning to get her H1 this year 2012 on premium. we are applying on april 1st 2012 on premium and if all goes well it should be approved by april end. But we both are planning to go to india in May and come back mid june. We need to get the stamping done when we visit india my h1 and her h4.

    Will it be a problem for her visa stamping n travel as she will be stamping her h4 visa.

    Can you please help.

    Thanks,
    Soumya

    Reply
    • Sal,
      I don’t think her H-1 approval will impact her H-4 processing. If this would have been an issue, they wouldn’t have approved H-1 to start w/ in April. She may be asked about it, but I doubt if they would reject on its basis.

      Reply
      • Hi Saurab,

        Thanks a bunch Saurab.

        So if the H1 gets approved to start working on october then it would not be a problem for her H4 stamping in India in june is it. we will not have any problem in immigration also right.

        So in case her h1 is still pending for approval before travel to India then its not advisable is it.

        So in case we have h1 approved here and we will be travellign to india in H4 and have stamping it will not have any problem is it.

        Thanks,
        Sal

        Reply
        • Sal,
          Yes, it will not be a problem to go for H-4 stamping w/ approved H-1. If her H-1 is pending, then the COS would be abandoned as soon as she leave US. She will have to then enter US on stamped H-1 visa or file COS from H-4 to H-1 in order to start working on H-1.

          Reply
  25. I am an H1B holder and having 9 years of IT experience. I have done my BCA(Bachelors of Computer Applications) from India with Aggregate of 45 percentage
    I am planning to do my MS regular course in US. Please let me know the possibility and eligibility.

    Green card- No

    Reply
  26. Hi Saurabh,

    I have my friend, who is currently on H1B visa with Indian – consultancy “A” at the deputation of Client “Z”. She is planning to switch the Company to again Consultancy “B” – which sayz, they will file the green card (1st stage cleared) for her from the date of joining itself. which is fine.

    After 4 months of joining consultancy “B”, she would like to join directly on the payrolls of Client “Z” (she cannot join “Z” now because of the policies of Consultancy A with Client Z ). who will again going to file the GC .

    1>Question is – Is it possible – GC application to get cancelled from first employer & reapplied by another employer?

    2> By doing this – is she putting her aim of getting GC in danger or increasing the tenure of the processing?

    Reply
  27. Saurabh,

    Meu marido tem um visto H1B e está aplicando para mim o H4. All were his interview at the consulate in Sao Paulo. Todos eram sua entrevista no consulado em São Paulo. I’m in Brazil and we have to introduce ourselves together. Estou no Brasil e temos de nos apresentar juntos. I wonder if we can do the interview at another consulate as Rio, Recife and Brasilia. Gostaria de saber se podemos fazer a entrevista em outro consulado como Rio, Recife e Brasília.

    thanks

    Reply
  28. My husband has a H1B visa and are applying for me the H4. All were his interview at the consulate in Sao Paulo. I’m in Brazil and we have to introduce ourselves together. I wonder if we can do the interview at another consulate as Rio, Recife and Brasilia.

    thanks

    Reply
    • nubia maria,
      It is better to call/email the consulate in those cities and ask them if you can attend the interview there. I know they are pretty open w/ such requests in some other countries, but don’t know about their policies in Brazil.

      Reply
  29. meu marido é H1B evai fazer aplicação p mim do H4. Todas as entrevista que ele fez foram em São Paulo; gostaria de saber se temos que fazer essa nova entrevista ( por enquanto estou noBrasil aguardando), que no caso ele virá dos USA p nos apresentarmos juntos; podemos fazer essa entrevista em qualquer outro consulado Americano no Brasil? As datas de São Paulo estão mt extensas .

    obrigada

    Reply
  30. Saurabh,

    I had h1b valid from jul 2008 to jul 2011. I used it from march 2009 to august 2010.
    It got expired in jul 2011. I did not extend it. Am I eligible for cap exempt

    Thanks
    Ashwin

    Reply
  31. Hi Saurabh,
    I have a question about visa transfer to some other company for my friend.
    scenario : If H1B visa extension is applied, and the moment extension is approved, my friend changes company(which will initiate H1 transfer to new employee) would it in anyway risk or cause trouble? in the sense that USCIS will notice that just now they did extension for this guy for whom existing company said we have ‘Work’ for him and now this guy has applied outside to new employer and needs H1 transfer?

    are there chances of such thoughts in mind of USCIS and would it risk the transfer in terms of RFE or stay with existing employer also( atleast job with existing employer should not be get impacted/lost)

    Hope i could explained the scenario . would appreciate your response at your convenient time. Thanks a ton !!

    Reply
    • Jit,
      I don’t it will be an issue. Here are some parallel scenarios – a person files multiple H-1 petitions through different employers. USCIS will process them and can approve both of them irrespective of the fact that the person would eventually be working for just 1 employer. Another scenario is that person files for H-1 transfer from outside of US even w/o working for the employer for a single day. USCIS will not deny the transfer just b/c the person didn’t work for the employer for few months. In other words, IMO it is ok to change employers any time and doesn’t hold any risk. It can impact GC processing when one may be asked to collect experience letters from previous employers and an employer decides not to co-operate b/c you worked for them only for few weeks/months.

      Reply
      • I want to thank you for your quick response and a detailed explanation.
        It was pleasure. and want to thank you for being so approachable.

        Thanks and Regards
        Jitender

        Reply
    • Joseph,
      You need to file COS from H-1 to H-4. You will have to use the form I-539 and submit it to USCIS along w/ the fees and required documents. Documents include:
      – proof of you maintaining H-1 status i.e. payslips, W2, 797 copy, I-94 copy, employment letter, passport copy etc
      – proof of your spouse maintaining H-1 status i.e. payslips, W2, 797 copy, I-94 copy, employment letter, passport copy etc
      – proof of your marriage i.e. marriage certificate, copy of wedding card etc

      Reply
  32. hi
    I am a H4 visa holder.I am 3 years of experience as a software engineer in an MNC company.I know H4 visa holders cannot work in US.
    For doing higher studies i had that we need to stay atleast for 1 year in that state which would waste my 1 full year.
    I had about cap exempt H1-b visa. Can H4 visa be shifted to cap exempt h1-b visa?
    What are the pre-requistes and how to apply for cap exempt h1-b visa?
    Can you please throw light on cap exempt h1-b visa?
    Which one would be a best option: going for higher studies or applying for cap exempt h1-b visa so that my time will not be wasted.

    Reply
    • Priya,
      You will have to stay for 1 year if you want to get in-state tuition fees. You can enroll yourself in a school anytime before completion of 1 year, but then may have to pay higher fees (applicable to out of state residents). Check w/ the school if you can enroll as out of state resident now, and then move to in-state fee structure once you qualify the domicile criteria. You may also want to evaluate moving to F-1 which gives you the benefit of OPT and filing H-1 under Masters quota.

      Cap-exempt H-1 can be filed only when the employer is a non-profit organization, or a hospital, university etc.

      Reply
  33. hi saurabh,

    I have a question to you, is there any good sponsor for mainframe/as400 related oppurtunities in US. one of my friend in india wanted to come to US on h1b but i wanted to help but dont have any idea of h1b sponsors in this domain.

    Reply
  34. Hi,

    My husband went for h1b visa stamping and got a 221g. He submitted all documents.
    Then his employer got an email from USCIS asking for more information.
    What does it mean? Is his visa cancelled?

    Thanks,
    Shweta

    Reply
    • Shweta,
      His visa has not been canceled. Once the employer submits the information, USCIS would review it and then make the call and send the information back to consulate. Do you know what all has been asked from your employer?

      Reply
  35. Hey Friend..

    Got 2 Questions:

    1) My L1B Visa is getting over in March’12 and extension has been filed by my company. Can any consultancy file H1B for me now before my L1B gets over in March’12. My I94 also expires in March’12.

    2) If the reply is no for the first question, can a consultant file a H1B for me after April 1st ( before I hear about my L1B extension from USCIS.)

    Thanks a lot.

    Reply
    • RajVardhan,
      I am assuming that you didn’t have any H-1 in the past.
      1. No. H-1 cannot be filed until April 1
      2. They can file after April 1, but COS will not be approved unless your L-1 extension is approved. Once L-1 extension is approved, it will provide a bridge of continuity of I-94 and USCIS can then approve the COS.

      Reply
      • Hi Saurabh,

        You are correct. I dint file any H1 in the past. Have a question. What in case the L1 Extension does not get through and that a consultancy has filed a H1B for me.

        Thanks!!

        Reply
        • RajVardhan,
          In that case H-1 may still be approved but w/o COS. You would then have to go for H-1 visa stamping at a consulate to enter US on stamped H-1 visa and then work on H-1.

          Reply
  36. Hi saurab,

    Im working in ABC company and my husband working in XYZ company. My husband got an opportunity to go onsite and work there for few years. He was asked to choose either H1 or L1 visa.

    But my constraint here is that,
    1. If he goes to US with H1 visa then i wld get H4 where i dont have work permit over there and all the way i need to convert from H4 to H1B visa which is bit difficult.
    2. If he goes with L1 visa then i wld get L2 where i have work permit over there with EAD card. But reviews and blogs says that no one in USA knows about L2 Work permit and its difficult to get job in US even though one have Work Permit L2 eligibility.

    I am not understanding what i should do with.
    Is it right that one cannot get job in USA even they have WorkPermit with L2?
    Is it difficult to convert the Visa from H4 to H1b visa with new rules from USCIS.

    I have 6+ years of expereince in IT industry and I really wanted to work in US.
    So please suggest me which option is correct in my case.
    Awaiting for your reply…..

    Reply
    • Gayatri,
      Even before you look at it as an option to pick b/w H-1 and L-1, you need to look into which visa your husband is actually eligible for. If he is working on employer proprietary skills/tools/applications/technology which is not known outside the employer, then L-1 is ok. If he is working on more commonly available specialized skill-set (like Java, .NET, testing etc) then H-1 is the visa. It is highly unlikely that he is eligible for both L-1 and H-1 for the same job. When going for wrong visa type, chances of rejection are pretty high.

      Assuming he is eligible for L-1, getting L-2 EAD is easy. Chances of find job will depend upon your profile and job requirements in the area you are going. If he is eligible for H-1, then chances of H-4 to H-1 getting approved will depend upon your employer credentials and offered H-1 position.

      Reply
  37. Hi,
    My husband is on H1B and his company is sponsoring his Green Card. Apparently, I can get an employment authorization once the application has been submitted: is this right? how long can this process takes?
    Thanks for your help,
    Lila

    Reply
      • Hi there,

        Thanks for your previous answer. It was helpful.
        As said my husband is on a H1B and his employer is sponsoring him for his green card. We are considering having a business.

        1. H1B is valid for 3 years. Can he work for another employer during that period under the same H1B?

        2. For creating a business do we need a green card? Or can I (H4) open a business once received my employment authorization?

        3. His employer is sponsoring for his green card, is he obliged to work for the same employer until award of green card?

        4. When can he open his own business?

        Thanks,
        Lila

        Reply
        • Lila,
          1. Yes, if the other employer also has an approved H-1 petition for you. Once they file the petition and it gets approved, your husband can work for them as well.
          2. On H-4, you cannot create a business. However, your husband can open a LLC while on H-1, though he would have to hire a GC holder or citizen to manage day to day activities. Once your EAD arrives (as part of GC), you can then open a business yourself.
          3. No, he is not. However, if he leave the employer, then the employer may have no incentive to put in time and resources towards his GC approval.
          4. Read (2)

          Reply
  38. Hi,

    Currently m on H4 visa. I have one employer who would be applying for Change of Status to H1b on my behalf in April 2012.
    Now my question is-
    1) If i get the approval by lets say June, them am i eligible to start working from June itself or will i have to wait till October 2012?
    2) Can I work voluntarily on H4 visa ?

    Reply
    • Jiya,
      1. Oct 2012
      2. Only if there are other employees in the firm doing similar job voluntarily. In other words, you can volunteer at Red Cross, but cannot volunteer at Google.

      Reply
  39. Hello Suarabh

    I m here on H4b visa.I got job n it is cash job.
    My questions are
    where should i save these money?
    if I keep in bank than it will be any problem for the income tax return of my husband and
    during the time of visa extension they will check my acoount also ?

    Reply
    • Supriya,
      It is illegal to work on H-4 visa, and I cannot help you w/ options on how to hide the money from the authorities. Remember, for every immigrant that makes use of loopholes in the law, there are hundreds who have to pay for it w/ increased scrutiny.

      Reply
  40. Hi Saurabh

    Hope you are well. Had a couple of quick questions (I am currently on H1b):
    1. My wife is currently working in India. If my wife’s company applies for premium H1b processing and the visa gets approved by April end, can she come to the US on H4 after that (lets say sometime in July)? Are there any complications if one has a approved H1b (without COS) and going for a H4 visa stamping in India?

    2. If she can come to the US as per above question, how much time earlier one should apply for the COS/Change of status from H4 to H1b for it to arrive before October 1 2012? What is generally the processing time at these centers? Is this COS carried out through her company lawyers? Is there any premium processing for this i539 application? We are out of New York.

    Thanks. Looking forward to your response.

    Best,
    Nikhil

    Reply
    • Nikhil,
      1. That should be fine. I don’t think her approved H-1 petition would impact her H-4 stamping.
      2. There is no wait period; however its better to wait for at least 30 days before filing the COS. Processing time is around 2 months, and there is no PP services available when applying for just the COS. Yes, the employer will have to file for COS.

      Reply
      • Hi Saurabh

        Thanks a lot as always for your prompt and quick response. Just one follow up if I may. Is there any centralized website/database, where one can check the current time for the change of status application (as in if filing in NY what center does it go to (Vermont/Cal./or some other) and what date applications are being processed right now. Thanks again so much.

        Best,
        Nikhil

        Reply
        • Nikhil,
          There is no facility available. USCIS publishes the time frame, but they are usually 2 months old and not as accurate. Instead, we have to rely on inputs provided by users to collect and deduce processing times.

          Reply
          • Ok thanks Saurabh; this is helpful. Just one last. In your experience what is the maximum timeframe that it can take for change of status to be approved from H4 to H1? And what would be the probability (ballpark no.) of this longer time frame? Thanks. Sorry for the constant battery of questions.

            Best,
            Nikhil

          • Hi Saurabh

            Hope all is well. I have a clarification on the above situation. So I was thinking that my wife’s company applies for her H1b visa in April while she is still working in India. The visa gets approved by April end. My wife then comes to US in June on H4. After 30 days or so we file for a Change of Status to H4. There are a couple of points that came out consulting with a lawyer today.

            1. If she is in India and her employer applies for H1b here in the US and then even if she comes on H4. Her Visa will go to the Indian consulate. So anyways before starting she has to go to India to get the visa stamped. Because she will not be able to do the Change of status just sitting in US then?

            2. Is 60 days the min. limit to be on H4 before applying for H1? Is it a law or required? Have there been cases where petitions have been rejected (or questioned etc.) before that? And is it like you can file the petition after 60 or whatever days or you can start looking for a job after then (because that is the minimum days that your mind changes) and then you may file for the application in next 10-15 days after whatever the minimum time is?

            3. I know this is not a good question, but do you have any thoughts that the H1b quota might get over before June end?

            Thanks very much. Eagerly awaiting your inputs here.

            Best,
            Nikhil

          • Nikhil,
            1. Yes, even though the consulate would be notified about the approval, she can still apply for COS after entering US on H-4. That’s my opinion.
            2. There is no law, but it’s a guideline. They are more strict when one files COS from B-1/2 or F-1 to H-1 as the former are pure non-immigrant visa. H-1/4 and L-1/2 are dual intent visa, and so it may be ok not to wait for 60 days. Again, it’s the case officer’s discretion.
            3. I don’t think it will be over by June end. There will be flurry of petitions filed in April, but number of filing in May would provide a better indication of the flux.

          • Ok thanks Saurabh for the same. Have there been any real cases in the past from your experience when one has filed from H1b sitting in India, come to US on H4 and had their COS done? If not, would you mind directing me to any guidelines/review/official documents that might be worthwhile/useful to go through to get a more close gauge of this situation?
            Thanks.

            Best,
            Nikhil

          • Nikhil,
            I don’t remember any specific examples and don’t have links to official rule guide. You can check w/ an attorney.

          • Thanks Saurabh very much for you quick responses. This forum is super helpful and insightful. Thanks again.

  41. Hi Saurabh,

    I have the approved H1b receipt number with me and I am currently in USA on H4 visa… I have almost 5 years of eperience in IT industry.can you please guide me as how should I proceed with my employment in usa ?

    Thanks in advance,
    Ram

    Reply
    • Ram,
      Was your H-1 filed and approved after you had entered US on H-4 visa? If yes, then was it approved w/ COS to H-1?

      I assume you will be looking for companies near your current location. What you can do is go through job sites (dice, monster, career builder or local craigslist) to see what openings you have. You can also find companies available in your area and then go to their website to see their openings. You can only approach companies that sponsor H-1 or are looking for contractors. Once you have the companies and openings, you can see if you satisfy the job requirements and if not how you can work towards them to fill the gap. Once you are all ready you can submit your resume and go through the interview process.

      Reply
      • Thanks a lot Saurabh.

        My H1b was not filed with COS . Also, I am vacation from my employer. And there is less chance of getting USA role from my employer.

        a) I don’t have I797 and other copies, I have only receipt number . Is there a way I can get the docs?? If so how can I?
        b) I need to resign then only I can apply for other jobs in USA , right ??
        c) If I file COS , how can I do it and how much time it ill take ?

        Thanks,
        Ram

        Reply
        • Ram,
          1. For H-1 transfer just the receipt number should be sufficient. I recently say couple of RFEs asking for copy of old approved 797, but one of them got approved later (w/o submitting the copy). Don’t know the fate of the other
          2. No. Your resignation from Indian employer is not linked to your H-1 filing
          3. Once you have found the employer, they will file H-1 transfer w/ COS. It may take 4-6 months to process, or 15 calendar days (premium processing). In case of RFE, it can take longer.

          Reply
  42. Hi Sourav,

    I really need your suggestion friend..I m in h1 in US now . I cam here last year aug ..in dec I moved my petition to different employer and it is approved ..I started working with the new employer as soon as I got the receipt notice .i got the approved I 797 last week . Now I wanted to bring my wife in H 4 … All the documentation is done ..she has her vIsa interview tomorrow ..now my concern is will my H1b transfer in just three months affects her h4 ? I m worried ..pls suggest me..thank you..

    Reply
    • Sunny,
      It will not be an issue. A person can change employment the very next day after reaching US. Just make sure that she has your payslips and W2 from old and new employer.

      Good luck!

      Reply
  43. I have a friend in India who has got a valid H1 visa with a company in India. Is it possible that he can apply to companies in USA for Job and get H1 transfer initiated while in India. This is assuming that he is allowed to travel to the new organization in US after the transfer.

    Reply
    • Vijay,
      Yes, another employer can file cap-exempt petition for him (aka H-1 transfer). This is possible irrespective of whether he is in US or out of US.

      Reply
  44. Hi,

    I am in US working on h1b. My husband went for stamping in dec2011 and got 221g. we have not received any decision yet.
    If i apply for h4 visa for him,
    1. do i need to revoke his h1b petition?
    2. if i do not revoke his h1b petition and then if h4 is approved, can his h1b still be approved or is it deemed cancelled?
    3. If i do not revoke his h1b and his h4 is not approved for some reason, will his h1b petition also be cancelled?

    Please reply,
    Thanks

    Reply
    • Shweta,
      1. You don’t need to withdraw H-1 application pending at the consulate. Does he have his 797 and passport w/ him?
      2. Once he enters US on H-4, another employer can file cap-exempt H-1 petition for him along w/ COS. The issue would arise if consulate sends the petition back to USCIS and they revoke it.
      3. It will be revoked only if the H-1 stamping is rejected and then petition sent back to USCIS, which then issue NOIR/NOID (notice of intent to revoke/deny).

      Reply
  45. Hey Surabh,

    Thanks for your reply.

    Currently i am working in company ABC. Now i got in a company XYZ. So with new company i am going for H1b interview.

    First my LCA was filled on Inhouse project (which is approved) latter on my employer asked me to work on client project. So for client project they have applied for new LCA. We are waiting for the approval.

    Before the time my visa date is approaching so in this case can i use my new LCA application to go for interview.

    Please suggest me. I will be eagerly waiting for your reply.

    Have a good day.

    Reply
    • Kumar,
      If you go w/ old LCA, then your interview will be conducted for the in-house position. You may be asked to submit market research reports, product development timeline etc for the product you will be working on in the in-house project. In other words, you can submit client information against that LCA.
      If you go w/ new LCA (after it has been certified), then you may be asked to submit client/project/SOW information etc. Also, H-1 amendment may be required in this case.

      Does this clarify? Did you talk to your attorney as well?

      Reply
      • hi saurab
        wat is h1b amendements

        i have discussed with my manager he said he will be providing necessary documentation like client project, client letter so in this case can i go to interview without lca approval

        Reply
        • Kumar,
          I-129 was approved for the set LCA. When the LCA is certified again (as in your case), it’s recommended to get H-1 amended (i.e. I-129). Not many employers want to go this route as it takes time and is expensive. However, off late there has been increase in number of cases where there is a mismatch b/w LCA and I-129.

          In your case, at least having the LCA is a must. You got approved for in-house project and now want to use the same w/ client project? If you are lucky, then VO might approve the visa stamp; else 221g would be issued.

          Reply

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