H4 to H1

 

 
Hello Everybody, 
 
Think I have a different scenario here, basically I am planning to move to US with my wife, where my wife is on H1B visa and am on H4.
 
Though we tried a lot to get L1 and L2 visas thru her company but couldnt get through due to the recent rejection rate for L1 visas are very high at this time.
 
I have around 9.5 years of work exp in IT industry and currently looking for job opportunities in India as well in US too. As I read various feedbacks shared over internet, I feel that coming on H4 would be very frustrating for me despite having huge IT experience.
 
Can you suggest me best possible ways to get my H4 converted into H1 after moving to US and any advise / suggestions to find the job in US with details of companies / consultancies who can file for my H1B.
 
Your inputs/advise will be of great help.
 
Regards,
 
Raj
 

Forums: 

Hi, I need clarification, bit

Hi,

I need clarification, bit tensed about the below issue.

I came to US on H4 in Dec ’09, went to India on Jun ’10 as i had medical emergency, while leaving US, i never knew that i have return my I94 nor anyone collected that from me. I came back to US on Jan ’11, ie almost after 8 months, at the POE , the officer asked me that why i dint return my I94, i told me that i dint know that i have to give, no one collected from me and i was in medical emergency so left the country. Then i took the old ones and gave me the new I94 and asked me not to repeat the same next time as its my responsibility to submit it.

Now a consultancy has filed my H1b in Sep, Will i have any problem because of I94 non submission issue. Will USCIS have record on this and question me the same or issue an RFE or deny my H1b?

Please give me some Suggestions/Inputs…..Highly appreciate it.

 

 

Hello Kavitha, I do not think

Hello Kavitha,

I do not think it should be a problem. If they send you an RFE just explain that you were not aware about it and that you are willing to provide any relevant documentation needed. Another idea is to clearly tell your consultancy that is filing for your H1 visa (only if you think it could be a problem). Take it easy! Everything will be ok.

Kavitha, I may be over stepping here but would you be willing to share the information about the company working on your H1 visa with others..:)) There seems to no credible information about legit consultancies. It will be totally ok if you choose not to share. I congratulate you in advance for the H1 visa!

I wish you all the best!

Admin

IANAL (This is not legal advice)

[quote=Kavitha]Hi,

I need clarification, bit tensed about the below issue.

I came to US on H4 in Dec ’09, went to India on Jun ’10 as i had medical emergency, while leaving US, i never knew that i have return my I94 nor anyone collected that from me. I came back to US on Jan ’11, ie almost after 8 months, at the POE , the officer asked me that why i dint return my I94, i told me that i dint know that i have to give, no one collected from me and i was in medical emergency so left the country. Then i took the old ones and gave me the new I94 and asked me not to repeat the same next time as its my responsibility to submit it.

Now a consultancy has filed my H1b in Sep, Will i have any problem because of I94 non submission issue. Will USCIS have record on this and question me the same or issue an RFE or deny my H1b?

Please give me some Suggestions/Inputs…..Highly appreciate it.

 

 [/quote]

Dear Admin, Defenitely i

Dear Admin,

Defenitely i would share my experience once i get the confident that the one i recomend is trustable. I have come across so many consultancy from Jan, and trust me, out of 10, 9 turn to be playing around, and the 1 will not be able to sponsor H1b.

I will give all the details and procedure to go ahead once iam sucessful. (iam not sure if i get H1b, iam just throwing stone, let me try my best and luck ofcourse) Coz i dont want anyone to blame unnecessary to me or to your site., only because of my information. 

I come from the same H4 water :) and i know the pain. Just praying for God to make this happen.

BTW hats off to you guys, Your site is doing a great job, its become my good friend. H4 site can understand the one who hold H4 visa :)

Thanks....

Hello Raj,   I had shared

Hello Raj,

 
I had shared these strategies earlier with other people hoping to convert the H4 visa to H1 visa.
 
Here are a few strategies for you. Hopefully these steps will help you improve your chances of getting the H1 visa. Remember the H1B Regular quota is not full yet. So you can come to the U.S. and apply for change of status iimmediately if you find a job. For more details go to H1B VIsa Update 2012.
 

  • Update your LinkedIN profile. Expand your professional network.
  • Connect to recruiters in your field on LinkedIN. Ask your friends to recommend you to credible recruiters.
  • Become a TIE/IEEE member
  • Subscribe to professional journals in your field.
  • Look for job opportunities on Career Builder.com, Dice.com, Monster.com and other job related websites. 
  • Look for legit consulting companies that are willing to do H1B visas. Some may ask you to pay for the H1 visa fees. Stay away from those companies.
  • Spread word around that you are looking for a job.
  • Update your skills in the waiting period. It does not harm to gain new knowlege.

 
 
We do not have any information about specific consultancies at this time. You will have to search for that on your own. As the job market keeps changing I'd just say 'stay away from shady consultancies'.
 
 

I can understand how some forums may dampen your spirits. The reality is that you cannot work on the H4 visa but I think with your vast experience you should be able to get the H1 visa..:)) Be positive and something good will come out of your efforts!
 
I hope this helps.
 
Admin
IANAL

Hello Kavitha, Your kind

Hello Kavitha,

Your kind words encourage us! Thank you so much. It makes all our effort so worth it! :))

Take your time and yes, 'first' get the H1 B visa and only then share more information (that too if you feel comfortable). That is the right thing to do and we wish you all all the best in the process! :))

Hope things work out quickly for you.

Thanks again.

Admin

IANAL

 

Hi, I am on H4 visa right now

Hi,

I am on H4 visa right now and staying in US. If I am applying for H1visa , do I have to return to India for stamping if not how can I proceed with the process.

I heard about change of status but I donot have a clear idea. Can you please breif me on this , it will of great help to me.

Also, is this change of status same as attending H1 visa interview back in India.

 

Thanks in advance.

 

Hi,

Hi,

 

I am an Engineer (B.Tech) and MBA. I have total 19 years of Education (Full Time) and 4 Years of Work Experience as IT Business Analyst. I am having H4 visa.

 

Now I have few queries;

1. Should I go to US and try to convert to H1?

2. Should I try to convert my visa to F1 and start doing a course there?

3. If I will do any course in US Community College then will it be easier to convert my H4 to F1 or H1?

4. Should I stay in India and not go to US?

I am confused. Please advice.

Regards,

Jhilam

Dear Jhilam,

Dear Jhilam,

Thanks for the note.

Some of the questions posted are purely based on personal choice. For example, not coming to the U.S. altogether on the H4 visa is a choice you will have make on your own. Jobwise the situation can be a little challenging but then you get to live with your spouse..:) 

  1. Yes sure, do it!
  2. You can study on the H4 visa and convert to the F1 visa as well, if you want. 
  3. Try to pick a college that has good placements. You will need to do that comparitive research. What place are you planning to come?
  4. That decision is yours to take..:)

Let me know if you have more questions.

Thanks,

Admin

IANAL

Hi,

Hi,

I am currently on H4 visa and planning to file for my H1B. However, I would like to know incase of H1b Visa rejection, is my H4 visa effected in anyway i.e even if my H1B gets rejected, will I be able to stay in USA on H4 visa? 

Thanks,

Karishma.

Hi Karishma,

Hi Karishma,

If your H1 gets rejected, you will continue to maintain your current status as H4 visa holder (with valid I797/I94)

Start early. The H1B FY 2013 quota is almost here. I will update members about the H1B quota and the number of filings throughout the year. Stay tuned.

Thanks!

Admin

 

 
Hi,
 
 I stopped by to this website for the same reason.. How to get a H1b being in H4 :)
 
 Been abit confused on my present state, need your input.. I have an IT experience of 7 yrs in a good technology in India n recently moved to US on H4 visa.  Knowing the fact that I'll hav face all these, i haven't resigned from my previous company. I'm on LOP till end of March, 2012.
 
 I would like to know.
 
1. Can I go back to India and continue my job till July, later come back and apply for job here who would sponsor for my H1B aswell? What are the chances of finding job here with a good experience in India? Will that help.. Please suggest..
 
2.  Or which is the best month I can start applying for jobs here in US? Is July/Aug too late ?
 
3. Or do I stay back here, start searching immediately from April for consultant who could sponsor or explore more on it?
 
Please suggest what should be my next best step ..
 
 
-Swetha

Hi

Hi

I have a scenario like, I am planning to move to US with my wife, where my wife is on H1B visa. I have Valid H1 till June 2012 and for me there is no chance to go to USA in my company before June 2012. Will i try to get H4 and then travel with my wife on H4.

I have around 9 years of work exp in IT industry and currently looking for job opportunities in India as well in US too. Also i had nearly 1 year experience in US on H1. i'm feeling very bad to go on H4.

Can you suggest me ways to get my H4 converted into H1 after moving to US and any advise / suggestions to find the job in US with details of companies / consultancies who can file for my H1B.

or please let me know will anyone ready to file my Cap-Exempt.

Please help me for getting H1 Cap Exempt or how to convert H4 to H1 based on my situation

 

Thanks

Aakaash

Hi Aakash,

Hi Aakash,

Jobs in the IT field are not cap-exempt. You have to file in the regular quota. Try to convince your current employer to file an extension for you. If not, you have a lot of experience that should help you in finding a job in your field. It may take some time but that's a chance you'll have to take.

We do not post references of any kind on this website. Always go with a trusted consultant and avoid the shoddy ones with little credentials.

If you feel comfortable, please come back and post your H4 visa interview experience here : H4 visa for husbands

Good luck!

Admin

IANAL

 

Hi,

Hi,

 

I wanted to know about LCA. One consultancy applied my LCA for 2013. But i dont want to proceed with this consultancy anymore. So i am looking for some other companies. I wanted to know, is it possible to apply for another LCA through another company and good to go.

Please suggest me on this, as I am not sure about this LCA.

 Priya...

Hi ,

Hi ,

I live in the bay area with my husband who is here on an L1 visa from his company. I am on L2 with a work permit. Since we are expecting a baby in Jun currently  I have taken a break. Now my husband's employer wants to file for H1B which means that my status changes to H4.

I have  around 6 yrs of work experiance working for a core banking s/w product company back in India. I would like to know whether my husband should file for his H1B in the year 2013 instead of 2012 so that by then i can start working on my L2 status and look for an employer to provide an H1B for myself as well. My husbands employer has given him the option of filling for H1b either this year or next year.

I would like know whether changing from L2 to H1b is better or from H4 to H1b..which has more chances?

 

Sithara

Hello Sithara,

Hello Sithara,

I think you already know the answer to that..:-) It's definitely easier to change your status from L2 visa to H1 visa than the other route.

That said, I think the upside of the whole situation is that

  • you'd be able to focus on your pregnancy and enjoy time with your newborn child. Motherhood is a blessing and a job can wait for you..:-)
  • perhaps your husband will get some monetary benefit with the visa conversion in terms of salary, bonus, etc.

 

 Even if you start working right after you give birth, you will have to bear the cost of hiring a nanny or daycare. So weigh in your decision in that light as well.

I hope you are able to make an informed decision and you are happy with it!

Tell us what you decide to do and A BIG CONGRATULATIONS TO YOU!

Good luck!

Admin

IANAL

I currently have a H4 visa.

I currently have a H4 visa. Never travelled to US. I am filing for my H1B in April 2012  from India. When my H1B petition is in process, can I travel to US using my H4 ? I plan to travel to US using my H4 in may 2012. I plan to remain in US on H4 and wait for my H1B approval. Upon approval I plan to apply for a COS while I am in US from H4 to H1B, and begin employment from Oct 1, 2012.

Do you see any issues in this move ?

I have the same situation as

I have the same situation as yours, can u please tell me, what you did, i have h4, my wife is in US on h1, i am trying for H1 sponsor, if some one accepts to sponsor, can i travel in may and still get my h4 transferred automatically to h1.

Hi,

Hi,

I am an H1b visa holder and my husband holds H4 visa. He is presently working in a container terminal in India and having 8 years of experience in the industry. He is also familiar with software languages like C,C++. Basicaly he is B.TECh holder in mechanical enginnering. I would like to know

1. Can he get H1b sponser in the same field.

2.Can he get H1b sponser in software industry

Leni..

Hi Leniarun,

Hi Leniarun,

Well, frankly, the sky is the limit. People get H1B visas all the time but often, there are certain challenges in converting H4 visa to the H1 visa. You will have to do your own research, look for job openings, and/or find a reliable consultant.

It would be great for our effort on this website if you can post questions asked in your visa interviews here : H4 visa interview questions That would help a lot of people!

I wish you goo luck in your efforts.

Admin

IANAL

 

 
Hi,
 I am on H4 visa my husband is on H1-B visa  working here from past 1.5 years, so i would like to apply for
H1-B visa for 2013 Fiscal year. please let me know the process to apply and any sponseror whom i can contact and proceed further.
 
Thanks for the help.

Hi forum members,

Hi forum members,

I am new to this forum...  Actually i have lot of questions regarding h4 and h1 visa processing.  that's why i joined with this group.

I was in USA for past three years on H4 visa.  Trying to get a H1B sponsorship.  I was not able to find any one.  So, finally i decided to come back to India and working with an IT company.  My H4 visa will get expire in june 2012.  My husband has got h1 extension.  He is going to apply for h4 visa extension for me. 

I have the following questions.  pls help me..

1.  can he apply for h4 visa extension when i am India.

2.  If i want to go back to USA, should i wait for the approval of my H4 extension and then get my h4 visa stamping in India.  or i can apply for h4 visa stamping in India whenever i want to.

2.  I am looking for a H1B sponsorship...If i find one, can the employer file me H1b visa sponsorship.  Is the process same as that of regular H1b or different in any way (may be conversion of h4 to h1).

3.  Assume that he applied me h1b and when my h1b application is in process, should i be in India till h1b gets approved.  or i can apply for h4 visa stamping before my h1b gets approved. In that case, can i travel to USA based on my h4 visa.  Then get my h1b application gets approved and starts my work without having h1b stamping on my passport.  Looks like h1b visa rejection rate is very high this year....

I would appreciate you if you could help me to find a better way....

Thanks in advance

Hello Mala,

Hello Mala,

Thank you for joining our little community! Welcome.

Remember no one is a lawyer here and this is not legal advice. I will try my best to help you.

  1. No your I-129 petition will be denied if you are not physically present at the time of filing. So your request for extension of stay is likely to be denied if you are in India! They have track of your arrival /departure records which would clearly show that you have not re-entered the U.S. at the time of filing the petition for extension.
  2. Go to U.S. File for H4 visa extension if that's the route you want to take. If you want to continue working in India and file for a new H1B visa and hope that you get it, then that's a different story.
  3. No there is no separate process. If you get the H1B your H4 visa will be voided without prejudice. 
  4. I am not too sure about that. You may want to come back to U.S. to protect your H4 visa status first. In the meantime if your H1B is successfully filed, that's great. You can transfer from H4 visa to H1 visa while residing in the U.S. You can later get your H1B stamped when you go back to your home country, in this case , India.

Work fast. It is tough to predict when the USCIS will received sufficient H1B petitions and the quota is considered full. Also, your H4 visa is expiring in June 2012 so you may want to acto fast on that too! 

In addition verify this information with your husband's company lawyer as well. Tell us if you find out anything on the contrary. That will help other members a lot.

I hope this information helps you. Let us know if you need more help.

Admin

IANAL

 

Thank you for your suggestion

Thank you for your suggestion.  I have one more question.  Is there any possibility for me to get  h4 visa stamping in India without having visa extension approval.  I mean, only having my husband's h1 visa approal notice and other documents.  Can you please suggest me?

Hi,

Hi,

I may go to USA with H4 visa. I have 3 years of exp in software. Please let me know how long it may take to transfer H4 to H1 and how is the job market there.

Hello Sneha,

Hello Sneha,

Here is a list of top 10 H1B visa using employers in the U.S. I hope this list is useful for you : Top H1B using employers in the U.S.

Sneha, your questions cannot be accurately answered. You need to share more information. How soon you get the H1B visa depends on how aggressive you are in finding a sponsor and some good luck as well..:) Job market in the technology sector in general is good. What's your core specialization?

If I may, do you already have the H4 visa or are you going for the interview soon?

Thank you,

Admin

IANAL

Hi ,

Hi ,

I am working in an IT company now and I am planning to go to US with my husband in H4 by taking leave from current company.

My company told me that they can process my H1 after few months. If they process my H1, should I come to India to get the stamping done?  Is it possible to convert my status from H4 - H1 with out coming to India?

Thanks

Deepa

 

Hello Deepa,

Hello Deepa,

Yes you can change your visa status in U.S. There should be no problem. Just get your H1 stamped next time you go to India.

Hope this helps. When are you going for the interview? All the best!

Admin

IANAL

This goes back to the

This goes back to the reciprocity factor; the more recommendations you give, the more you
will receive as well. B2B online marketing strategies are
all about making people recognize you. Offering
company profiles and related groups, it can form part of an integrated
that supports your sales process and customer service, resulting in improved customer retention and sales.

Hi,

Hi,
I came to us in jan 2012 on H4 visa completed my BTech degree in CSE and my husband is on H1-B working here from past 3 years,so i would like to apply for H1-B visa.please help me the process how to apply and can i get any sponseror whom i can contact and proceed further.

Thank you

  Hello Admin,

  Hello Admin,

 

   I am currently on a H4 visa and going to apply for a H1B for yr 2013. Unfortunately my passport got expired in Dec 2011 and i have sent it for renewal. I wanted to know if i can go ahaead and apply for my H1B with an expired passport.

 

 

  Thanks a lot in advance.

 

  Nirupama

[quote=nirupama]  Hello Admin

[quote=nirupama]  Hello Admin,

 

   I am currently on a H4 visa and going to apply for a H1B for yr 2013. Unfortunately my passport got expired in Dec 2011 and i have sent it for renewal. I wanted to know if i can go ahaead and apply for my H1B with an expired passport.

 

 

  Thanks a lot in advance.

 

  Nirupama[/quote]

 

 

 
Hi Admin,
 
 
 
My husband has got H1B visa last year and is valid till sept 2012. (He used to work on L1 visa before and last year his company filed H1B for him)
 
we went to India on Nov 2011 and he got to attend visa stamping interview and unfortunately he got 221 G and his case is under administrative processing.
 
He is coming to US on H4 visa this week. My question is after he comes here, can he apply for H4 to H1 transfer and work on his old H1B visa which is valid till sept 2012 ? or should he file for a new H1 B visa?
 
Please advice us. I couldn't find this information anywhere else. Thanks for your reply in advance.
 
 
 
Thanks
 
Priya.

Hi,

Hi,

 

I'am currently confused in the below scenario.

I'am an MBA graduate ( not professed well with any kind of s/w technnlogies) and moved to USA in sep'2011. I hold about 13 months of work-ex in India in a Telecom Company( very minimal ofcourse) and post marriage we moved to USA. I have been reviewing my options about taking up a course called Management Information systems & applying for H1.

Can u please guide me by telling which option is the best? Opting for a course and then applying for a job will take another 1 to 2 years which is very long. I'am already 26 years old and u know how it is in India once we get married. 

Coming to opting for H1, is it advisable to go for H1( h4 to H1) and then put up a fake experience of 4 to 5 years by learning any kind of technology? Please advise me as to which option is the best.

Thanks in advance for ur time.

 

Regards,

Ashwini

 

 
Hi,
 
I'am currently confused in the below scenario.
I'am an MBA graduate ( not professed well with any kind of s/w technnlogies) and moved to USA in sep'2011. I hold about 13 months of work-ex in India in a Telecom Company( very minimal ofcourse) and post marriage we moved to USA. I have been reviewing my options about taking up a course called Management Information systems & applying for H1.
Can u please guide me by telling which option is the best? Opting for a course and then applying for a job will take another 1 to 2 years which is very long. I'am already 26 years old and u know how it is in India once we get married. 
Coming to opting for H1, is it advisable to go for H1( h4 to H1) and then put up a fake experience of 4 to 5 years by learning any kind of technology? Please advise me as to which option is the best.
Thanks in advance for ur time.
 
Regards,
Ashwini

Hi All,

Hi All,

I have a question on H4-H1 COS.

I am a male dependent(H4 visa holder) planning to move to US next month along with my wife who is a H1B visa holder.

My plan is to look for an employer/consultancy after moving to US and apply for COS.

As per the current demand, this fiscal's H1 B cap will be over by the time I reach US.

Will this H1 B cap applicable to my H4-H1 COS petition?

Please reply.

Regards,

Girmaji.

 

 

I am on H4 visa. I recently

I am on H4 visa. I recently got an H1b offer from an academic instituion as a research associate. But I am also in the process of completing my PhD from India and have to visit India  Starting from July (next month) till the end of Sepetember. I am in big dilemma -

1) Should I ask the University to process my H1b before my India visit in premimum processing., which ic very unlikely, so I will have to postpone my visit in this case.

or 

2) Should I ask the university to wait for my return in September and the start my H1 processing.

 

If the University starts the H1 processing while I am making a visit in India and I get an approval before October I should be able to get H1 stamped on passport before my visit. But in case I don't get my visa till the time I arrive then my COS will not vaild and I will have to make another visit outside the country.

Let me know your view which of the three options is the best. I appraciate all the help and useful knowledge on this forum. 

Juhi

Hello Juhi,

Hello Juhi,

Thank you for the kind words and well, I think you are in the best situation! Now your choice depends on how you work your priorities and how willing is your University to accomodate your needs. Some people would jump on the offer immediately and work things around it..:) Others may risk taking a chance for postponing the process. It is your call Juhi! You have to decide what's important to you.

Why are you thinking you will have an October start date? Such visas are cap exempt. I don't think H1B visas offered by academic institutions are bound by specific start dates-please find out and let us know.

Here is what you should do:

  1. Talk to the University officials. See if they are willing to make an adjustment. Tell them that you are willing to work as per their needs (if that's what you actually want to do)
  2. Ask if they are willing to work on your leave after you get the H1B visa.
  3. Talk to them about premium processing although I have never come across a case of premium processing for such H1B visas.

All other things will fall in place once you find out the above.

Hope this helps you.

Let me know if you need more help!

Thank you,

Admin

IANAL

 

Thank you so much for your

Thank you so much for your reply. You are an angel trying to help out and sending out such detailed replies to everyone. I will try and work things out with my University. Hopefully they will understand and work to accomdate  my requests. 

Ya u were right I not subject to H1b cap as this is an academic H1. The october deadline is for my Ph.D. submission india.

I am sure I will have more updates and doubts in future. I will keep writing here. Thanks again.

Hello Juhi,

Hello Juhi,

Thank you for the wonderful words-all we do is help in any way we can.

Yes we welcome you to come and share updates on your progress! I am hopeful that the University is able to work towards your goals. Good universities usually go an extra mile to attract good talent.

Good luck with your Ph.D

Thanks,

Admin

IANAL

Hi,

Hi,

My husband H1B petition got approved on April 2nd and we are planning to go to H1B &H4 VISA stamping this month end in India.If approved i should travel on H4.I always wanted to work in US.intially we thought to apply H4 to H1B after going there.To our surprise the H1B cap is full this fiscal year 2012-2013. Please guide me any other way that i can seek job over there if we travel in August 2012. I simply cannot sit at home.Wish to continue my services.

Rama Lakshmi

Hello Rama Lakshmi,

Hello Rama Lakshmi,

You can look at jobs that are not covered by the H1B visa cap. Scroll up to read Juhi's experience in the higher education sector. Maybe that will give you some ideas.

Also it would be great if you can come back and share your H4 and H1 visa interview experience here : Post questions asked in your H4 visa interview

If you wait for some time you will be able to apply again in MArch -April next year for the next quota.

Thank you,

Admin

IANAL

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