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 MurthyDotCom » MurthyForum » H1B : H-4 Issues » H1b to H4 and back to H1b now

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AuthorTopic:   H1b to H4 and back to H1b now
visainfoseeker
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 06, 2009 11:40 PM Click Here to See the Profile for visainfoseeker   Reply With QuoteEdit or Delete Message
I am a former H1b visa holder and a currently on H4 visa. Recently I got a job offer from a company and have to reinstate my H1b status.
I would like to know what the process is and how long does it take to complete?
Can I start working once I receive the acknowledgment receipt from USCIS or do I have to wait till the visa is issued?
Can the visa filling be done by the individual or an immigration lawyer is a must?
Thanks.
Posts: 15 | Registered: May 13, 2006
pontevecchio
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 07, 2009 07:41 AM Click Here to See the Profile for pontevecchio   Reply With QuoteEdit or Delete Message
It is the companies job to file the H1 petition for you with COS. Less than 15 days for a result. Since you have been in valid H1 status before moving to H4 status and if you never had status issues in the past you should be able to join the new sponsor on getting the receipt.
Posts: 11794 | Registered: September 18, 2008
visa_tracker
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 07, 2009 08:50 PM Click Here to See the Profile for visa_tracker   Reply With QuoteEdit or Delete Message
You will need to wait until visa approval. If you transfer from H1 to H1 you can start working after receipt issuance from USCIS, but from H4 to H1 you will need to wait until they approve the transfer petition, since you don't get the benefit of portability
Posts: 41 | Registered: February 18, 2009
pontevecchio
Member		This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 09, 2009 02:26 AM Click Here to See the Profile for pontevecchio   Reply With QuoteEdit or Delete Message
While it is safer to wait for approval the fact that you were on H1 status before the H4 status means you can join on getting the receipt as long as you have not been out of status in the past. A phone consultation with the firm of Murthy may cost you a couple of hundred dollars and you should be able to make that up in a day of work.
Posts: 11794 | Registered: September 18, 2008

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