QUESTION
Will I get to move from H4 to H1b(cap exempt) soon, is there restriction on time gap?
Asked on Oct 10th, 2016 on Immigration - California
More details to this question:
I am TCS employer working for Client as contractor.My initial 3 year H1B visa expired on September 12th 2016 and i94 expired on September 12th 2016. I had filed for an extension in May this year, however due to delays at the USCIS, petition for extension is still in process. My project with client ended on September 30th 2016 and while I am still employed with TCS, am being asked by TCS to return to India by October 15th 2016 since they do not have a new project for me with the same client and apparently an LCA amendment cannot be done while the petition for H1B extension is in process. Additionally, after I return they plan to withdraw my petition for extension of H1B for another 3 years. I am planning to move on spouse H4 per change of status.Could you advise How soon can i change from H4 to H1b (per cap exempt)? Is there any time duration, will uscis have problem ? What is I found a project and would want to move to H1 from H4. please advise.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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If you have a job opportunity, you can put in an application to change from H-4 to H-1B. There are arguments for and against your ability to change back to H-1B six years after the initial starting date of your H-1B. Otherwise there would not be a problem if you found a project and wanted to move to H-1B from H-4. Of course, you would have to qualify as a specialized worker and the employer would have to have a professional job in that field of specialty.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Nov 01st, 2016 at 5:34 PM