Shah Peerally Law Forum is a FREE SERVICE offered to the entire immigrant community from Shah Peerally Law Group PC. Anybody can be a member of this forum – you do not need to be a client to be a member. If you have any question feel free to call us at: 510-742-5887

Disclaimer: We take no responsibility for accuracy of information provided , please use at your own risk. Note: Please do not post any negative comments or remarks about any person or organization. Do not post personal information details. Courts and government agencies can require us to disclose your email, IP address. etc.

Announcement

Collapse
No announcement yet.

Changing to H1 after 6 years in H4

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Changing to H1 after 6 years in H4

    Hi, I am currently on H4 and have been in US for 7 yrs (except for 4 months I was in India on vacation), my husband's I- 140 approved and priority dates May14, 2010 and I-485 is not applied.

    Below is my background details:
    1. Entered US on L1-B in Feb 2006, got EAD/SSN in August 2006 but did not work.
    2. Got H4 in Oct 2006 .
    3. Got H1 approved in 2007, but did not work on H1, later left to India in feb 2009 and came back on H4 in June 2009 and on H4 till now .


    Now I am planning to go to school and change status to F1 after some time so I can get OPT and work and then get H1.

    And I have these following questions..

    1. Will I able to use the H1 that I had already received in 2007.. that means is it possible to transfer H1 to new employer without any previous paystubs.

    2. If not, If I change status to F1 next year and get OPT to work, will I able to get H1 later i.e is from H4 to F1 and then F1 to H1 possible?

    3. Will my more than 6 yrs stay be considered while granting H1 ?.

    Thank you for your time and consideration,
    Shoba.

  • #2
    Unless you have stayed outside for more than 1 year, you will not get an H1B because you exhausted the six years. In such cases, I will recommend you call us at 510 742 5887 and let us access your other options.

    http://peerallylaw.com
    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.

    For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
    Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
    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.

    Comment


    • #3
      Thank you answering me.Is that mean to apply for new H1 under the cap in future years I shall have to be stayed out of US for at least 1 year.

      Comment


      • #4
        Yes unless you had an I-140 approved prior to the 6th year or 365 pending perm.
        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.

        For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
        Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
        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.

        Comment

        Working...
        X