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  #1 (permalink)  
Old 01-06-2007, 05:39 PM
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Question New H1B rule?

My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).

Please let me know if there is any merit in the above statement?
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  #2 (permalink)  
Old 01-06-2007, 05:46 PM
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Quote:
Originally Posted by a_yaja
My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).

Please let me know if there is any merit in the above statement?
Nope its not true.All she need is approved I-797.Visa Stamping is only required when she has to travel outside US and reenter.
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  #3 (permalink)  
Old 01-06-2007, 07:56 PM
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Default no such rule..

Quote:
Originally Posted by perm2gc
Nope its not true.All she need is approved I-797.Visa Stamping is only required when she has to travel outside US and reenter.
I agree.. with perm2gc..

PL ask them if they would sponsor the trip & stamping costs..
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  #4 (permalink)  
Old 01-07-2007, 05:07 PM
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Thank you all for your repiles. I have asked my wife to talk to their lawyer directly.
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  #5 (permalink)  
Old 01-07-2007, 06:03 PM
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Quote:
Originally Posted by a_yaja
Thank you all for your repiles. I have asked my wife to talk to their lawyer directly.
It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.
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  #6 (permalink)  
Old 01-07-2007, 11:44 PM
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I have been on H4 since 2000. I once got an H1-B in the year 01, but did not get to work. Meanwhile my H4 got extended till now.

With the recent changes of de-coupling H1 & H4.......

My question is can I use the previous H1-B issued in 01 and apply for COS without any cap restrictions ? And can this be used by a new Employer ?

Appreciate any responses on this. Thanks
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  #7 (permalink)  
Old 01-08-2007, 01:53 PM
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Default My wife converted her h4 status to H1 without any issue

My wife had recently changed her status from H4 to H1 and had applied her SSN and got it.

So i dont think there's any new rule.

if you have a valid I94 then it should not cause any issue
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  #8 (permalink)  
Old 01-08-2007, 01:58 PM
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Quote:
Originally Posted by bang
It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.
I have a question, I am on H-4 too (never on H-1B) as I understand, if I find a job I need to wait until April 2007 to file for H-1B and would be able to start working in October 2007.

How did your wife get now in 2007 an H-4 to H-1B conversion when all the H-1Bs were granted & last quota met in October 2006? Am I missing something here? If I found an employer, could I just start working without waiting the employer to file the H-1 in april and getting the permit for oct 2007? THanks!
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  #9 (permalink)  
Old 01-08-2007, 03:19 PM
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Default Howzzzthat.......

How this conversion works. I am surprised to hear that your H4 to H1 got approved. I heard that any H4-H1 conversion will be counted againts the next years cap which opens up only in April'07. Was your wife on h1 before and got converted to h4 earlier? Then she may not be counted as she was already counted.

Tell me a good news that she was in H4 througout and got her new H1 approved now. It is fantastic news for all H4s. Still I will wait till Feb 15 to check whether I can file 485 through any supplemental bills before trying to get H1 for my wife.

Quote:
Originally Posted by bang
It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.
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1st 140 approved.
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485 - Filed on July 2,2007
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Contributing 10 or 20 is always a pain when you have the option of getting it free.

Pledge: I am contributing monthly $25 to IV
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  #10 (permalink)  
Old 01-08-2007, 04:11 PM
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it was in 2006 quota, got her h1 approval document in november, applied in november second week and by dec 2 week got her ssn.

She was on h4 for the past 3 years and converted to H1 in december officially( as she got her SSN)
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  #11 (permalink)  
Old 01-08-2007, 05:22 PM
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How did you guys manage to get H1's so recently from H4?

Is there a way that H4 are exempt from the H1 quota?
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  #12 (permalink)  
Old 01-08-2007, 05:34 PM
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Quote:
Originally Posted by eb3_nepa
How did you guys manage to get H1's so recently from H4?

Is there a way that H4 are exempt from the H1 quota?
The H4 to H1 applied in 2006 quota is very slow.Some cases are getting approval even in jan(one of my friends wife got approval last week).

No rule yet to exempt H4 from H1 quota.
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  #13 (permalink)  
Old 01-08-2007, 05:36 PM
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Quote:
Originally Posted by perm2gc
The H4 to H1 applied in 2006 quota is very slow.Some cases are getting approval even in jan(one of my friends wife got approval last week).

No rule yet to exempt H4 from H1 quota.
Hi,

Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
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  #14 (permalink)  
Old 01-08-2007, 05:36 PM
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Default The Catch is...

When you go to get social security # with I797 the Buddas/Buddis at the counter wil ask for the Passport and Stamping..... and just the 797 will not suffice....
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  #15 (permalink)  
Old 01-08-2007, 05:39 PM
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Quote:
Originally Posted by eb3_nepa
Hi,

Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
Filing immediately after they open in April is good option.If new H1 increase bill is not passed then the current numbers won't long enough.
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