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H4 to H1

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  • H4 to H1


    I have a question regarding my personal status which is little bit complicated.

    I applied for H1 earlier in 2007 and got the approved petition (I797) in 2008. But when I went for visa interview, but unfortunately I was not issued with the visa.
    Later on in 2011, I came here on H4 and currently I am on H4. Now I am looking for some companies to work, but the time I say them that currently I am on H4, they get a hitch and dont call me back

    However my question to you is that am I eligible for H1 transfer by the other companies or they have to file a new H1 petition for me??

    Your advice will be of great help for me.


  • #2
    If the H1B was revoked depending on the reasons (especially from the USCIS) you might not be able to transfer. Otherwise, since you made it through the quota, you should be able to do a transfer. However, you cannot start working until it is approved. If the H1B is still good (no revocation for fraud etc.), you can just go ahead file the transfer. It is hard to tell unless we do a complete ****ysis. I will recommend giving us a call at 510 742587 for a full consultation.
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

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    Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.


    • #3
      Hi Shah,
      I have a question about h4 to h1b transfer.
      Currently I am on H4 visa and planning to apply for H1b this year. I have been on H4 visa for 2 yrs, ie I have got 2 yrs of career gap. I have been working for 3 yrs b4 I came to US. So if I apply for H1B now, does this career gap be a reason for my H1B rejection? Appriciate your reply.


      • #4
        Hello Linu,

        How are you convincing your employer to wait for you to begin work until october. I suppose we cannot work until october1st so even if you were to apply for h1b this april you would wait until october to begin emloyment. kindly clarify ..also are you filing your h1 through consultant or a company?



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