query reg H4 to H1 process time and rules
Feb 3rd 2006, 4:12 pm
#1
Guest
Posts: n/a
query reg H4 to H1 process time and rules
I am H1 and my wife is on H4. I know that in order to covert to H1
,She need sto file H1 and the quota comes under FY 2006 if she files in
Apr 2006.
Let me know how many weeks/months does it take to process if she files
for H1 when she is in US?
I heard it takes 5 months ? Is this true?
Can she start working the day the petition gets approved? Does she has
to get the passport stamped with H1 in US or does she has to return to
her home country to get it stamped?
Does she has to wait until she gets the passport stamped?
Pls guide and let me know the process step by step.
Bye
KP
,She need sto file H1 and the quota comes under FY 2006 if she files in
Apr 2006.
Let me know how many weeks/months does it take to process if she files
for H1 when she is in US?
I heard it takes 5 months ? Is this true?
Can she start working the day the petition gets approved? Does she has
to get the passport stamped with H1 in US or does she has to return to
her home country to get it stamped?
Does she has to wait until she gets the passport stamped?
Pls guide and let me know the process step by step.
Bye
KP
Feb 3rd 2006, 5:41 pm
#2
Forum Regular
Joined: Jul 2005
Posts: 44
Re: query reg H4 to H1 process time and rules
KP:
1. The employer must first file a Labor Condition Application with the Secretary of Labor.
2. The employer then files a change of status petition, by filing the form I-129 with the appropriate Service Center. In addition to the Form I-129, the petition must include: (a) Proof of H-4 status (I-94, I-797); (b) Letter from U.S. employer outlining their business, the applicant’s credentials and the job opportunity (including salary and anticipated length of stay); (c) Evidence meeting the degree or equivalency requirements; (d) Properly filed LCA.
3. Time for processing depends on where you file, but takes atleast 2-4 months.
4. She cannot work until the petition is approved.
5. She does not need to get an H-1 visa stamp to work. Once she obtains approval of her petition she can begin working. She does not need an H-1B visa unless she plans to travel outside and return to the U.S., in which case she would need to obtain an H-1B visa at a U.S. consulate abroad.
1. The employer must first file a Labor Condition Application with the Secretary of Labor.
2. The employer then files a change of status petition, by filing the form I-129 with the appropriate Service Center. In addition to the Form I-129, the petition must include: (a) Proof of H-4 status (I-94, I-797); (b) Letter from U.S. employer outlining their business, the applicant’s credentials and the job opportunity (including salary and anticipated length of stay); (c) Evidence meeting the degree or equivalency requirements; (d) Properly filed LCA.
3. Time for processing depends on where you file, but takes atleast 2-4 months.
4. She cannot work until the petition is approved.
5. She does not need to get an H-1 visa stamp to work. Once she obtains approval of her petition she can begin working. She does not need an H-1B visa unless she plans to travel outside and return to the U.S., in which case she would need to obtain an H-1B visa at a U.S. consulate abroad.
Feb 5th 2006, 9:53 pm
#3
Guest
Posts: n/a
Re: query reg H4 to H1 process time and rules
Kevin Keane (see Web site for email) wrote:
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
> tiger786 wrote:
> > I am H1 and my wife is on H4. I know that in order to covert to H1
> > ,She need sto file H1 and the quota comes under FY 2006 if she files in
> > Apr 2006.
> >
> > Let me know how many weeks/months does it take to process if she files
> > for H1 when she is in US?
> >
> > I heard it takes 5 months ? Is this true?
> Maybe. It doesn't make any difference for you if the employer files in
> April.
> > Can she start working the day the petition gets approved?
> No. She can start working the date the petition specified as start date,
> or the date the petition is approved, whichever is later.
> This is important because the start date for a petition filed April 1
> must have a start date of October 1, or it would be denied under the quota.
> Therefore, she can't start working until October first no matter how
> quickly the petition is approved.
> The second condition for her starting to work is that she must have a
> current I-94 that says H-1B. In most cases, it will come with the
> petition approval.
> > Does she has
> > to get the passport stamped with H1 in US or does she has to return to
> > her home country to get it stamped?
> Neither. There is no need to get the H-1B stamped unless she plans to
> travel outside the USA.
> If she does plan to travel, she must get an H-1B from a consulate in
> another country - usually your home country, but it is also possible to
> get one in Canada or Mexico (there are some risks with using third
> country consulates).
> > Does she has to wait until she gets the passport stamped?
> No.
> - --
> Please visit my FAQ at http://www.kkeane.com before asking a question here.
> It may answer your question. Remember, I am strictly a layperson without any
> legal training. I encourage the reader to seek competent legal counsel
> rather than relying on usenet newsgroups.
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hi kevin,
thanks for the reply.
I have one imp question and I thank u in advance for answering this
question.
1.If she files her H1 from india and gets the LIN number.After that she
comes to US on H4.
What woud be the scenario like?
after the approvalwhen she is US ,Does she can go to INdia to get her
pp stamped or else is it enough for the petitions approval?
pls let me know.
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
> tiger786 wrote:
> > I am H1 and my wife is on H4. I know that in order to covert to H1
> > ,She need sto file H1 and the quota comes under FY 2006 if she files in
> > Apr 2006.
> >
> > Let me know how many weeks/months does it take to process if she files
> > for H1 when she is in US?
> >
> > I heard it takes 5 months ? Is this true?
> Maybe. It doesn't make any difference for you if the employer files in
> April.
> > Can she start working the day the petition gets approved?
> No. She can start working the date the petition specified as start date,
> or the date the petition is approved, whichever is later.
> This is important because the start date for a petition filed April 1
> must have a start date of October 1, or it would be denied under the quota.
> Therefore, she can't start working until October first no matter how
> quickly the petition is approved.
> The second condition for her starting to work is that she must have a
> current I-94 that says H-1B. In most cases, it will come with the
> petition approval.
> > Does she has
> > to get the passport stamped with H1 in US or does she has to return to
> > her home country to get it stamped?
> Neither. There is no need to get the H-1B stamped unless she plans to
> travel outside the USA.
> If she does plan to travel, she must get an H-1B from a consulate in
> another country - usually your home country, but it is also possible to
> get one in Canada or Mexico (there are some risks with using third
> country consulates).
> > Does she has to wait until she gets the passport stamped?
> No.
> - --
> Please visit my FAQ at http://www.kkeane.com before asking a question here.
> It may answer your question. Remember, I am strictly a layperson without any
> legal training. I encourage the reader to seek competent legal counsel
> rather than relying on usenet newsgroups.
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v1.4.0 (MingW32)
> Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
> iD8DBQFD5MAL2STeoAchQDkRAi4CAJ0TvKLirTIxVRrWFuXLDR sAfYxqZACfU3Pn
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hi kevin,
thanks for the reply.
I have one imp question and I thank u in advance for answering this
question.
1.If she files her H1 from india and gets the LIN number.After that she
comes to US on H4.
What woud be the scenario like?
after the approvalwhen she is US ,Does she can go to INdia to get her
pp stamped or else is it enough for the petitions approval?
pls let me know.
Feb 6th 2006, 1:37 pm
#4
Guest
Posts: n/a
Re: query reg H4 to H1 process time and rules
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
tiger786 wrote:
> Kevin Keane (see Web site for email) wrote:
> tiger786 wrote:
>>>> I am H1 and my wife is on H4. I know that in order to covert to H1
>>>> ,She need sto file H1 and the quota comes under FY 2006 if she files in
>>>> Apr 2006.
>>>> Let me know how many weeks/months does it take to process if she files
>>>> for H1 when she is in US?
>>>> I heard it takes 5 months ? Is this true?
> Maybe. It doesn't make any difference for you if the employer files in
> April.
>
>>>> Can she start working the day the petition gets approved?
> No. She can start working the date the petition specified as start date,
> or the date the petition is approved, whichever is later.
>
> This is important because the start date for a petition filed April 1
> must have a start date of October 1, or it would be denied under the quota.
>
> Therefore, she can't start working until October first no matter how
> quickly the petition is approved.
>
> The second condition for her starting to work is that she must have a
> current I-94 that says H-1B. In most cases, it will come with the
> petition approval.
>
>>>> Does she has
>>>> to get the passport stamped with H1 in US or does she has to return to
>>>> her home country to get it stamped?
> Neither. There is no need to get the H-1B stamped unless she plans to
> travel outside the USA.
>
> If she does plan to travel, she must get an H-1B from a consulate in
> another country - usually your home country, but it is also possible to
> get one in Canada or Mexico (there are some risks with using third
> country consulates).
>
>>>> Does she has to wait until she gets the passport stamped?
> No.
>
>
> --
> Please visit my FAQ at http://www.kkeane.com before asking a question here.
> It may answer your question. Remember, I am strictly a layperson without any
> legal training. I encourage the reader to seek competent legal counsel
> rather than relying on usenet newsgroups.
> hi Kevin,
> thanks for the reply.
> I have one imp question and I thank u in advance for answering this
> question.
> 1.If she files her H1 from India and gets the LIN number.After that she
> comes to US on H4.
> What would be the scenario like?
> after the approval when she is US ,Does she can go to India to get her
> pp stamped or else is it enough for the petitions approval?
In that case, only her H-1B petition would be approved, but there would
not be a change of status (and no new I-94 attached, either).
Therefore, she would remain an H-4. She has to go to a US consulate
(either in India, or in Canada or Mexico) in order to get an H-1B
stamped in her passport, and then return using that visa.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.
NOTICE: Due to Presidential Executive Orders, the National Security Agency
may have read this email without warning, warrant, or notice. They may
do this
without any judicial or legislative oversight. You have no recourse nor
protection save to call for the impeachment of the current President.
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Hash: SHA1
tiger786 wrote:
> Kevin Keane (see Web site for email) wrote:
> tiger786 wrote:
>>>> I am H1 and my wife is on H4. I know that in order to covert to H1
>>>> ,She need sto file H1 and the quota comes under FY 2006 if she files in
>>>> Apr 2006.
>>>> Let me know how many weeks/months does it take to process if she files
>>>> for H1 when she is in US?
>>>> I heard it takes 5 months ? Is this true?
> Maybe. It doesn't make any difference for you if the employer files in
> April.
>
>>>> Can she start working the day the petition gets approved?
> No. She can start working the date the petition specified as start date,
> or the date the petition is approved, whichever is later.
>
> This is important because the start date for a petition filed April 1
> must have a start date of October 1, or it would be denied under the quota.
>
> Therefore, she can't start working until October first no matter how
> quickly the petition is approved.
>
> The second condition for her starting to work is that she must have a
> current I-94 that says H-1B. In most cases, it will come with the
> petition approval.
>
>>>> Does she has
>>>> to get the passport stamped with H1 in US or does she has to return to
>>>> her home country to get it stamped?
> Neither. There is no need to get the H-1B stamped unless she plans to
> travel outside the USA.
>
> If she does plan to travel, she must get an H-1B from a consulate in
> another country - usually your home country, but it is also possible to
> get one in Canada or Mexico (there are some risks with using third
> country consulates).
>
>>>> Does she has to wait until she gets the passport stamped?
> No.
>
>
> --
> Please visit my FAQ at http://www.kkeane.com before asking a question here.
> It may answer your question. Remember, I am strictly a layperson without any
> legal training. I encourage the reader to seek competent legal counsel
> rather than relying on usenet newsgroups.
> hi Kevin,
> thanks for the reply.
> I have one imp question and I thank u in advance for answering this
> question.
> 1.If she files her H1 from India and gets the LIN number.After that she
> comes to US on H4.
> What would be the scenario like?
> after the approval when she is US ,Does she can go to India to get her
> pp stamped or else is it enough for the petitions approval?
In that case, only her H-1B petition would be approved, but there would
not be a change of status (and no new I-94 attached, either).
Therefore, she would remain an H-4. She has to go to a US consulate
(either in India, or in Canada or Mexico) in order to get an H-1B
stamped in her passport, and then return using that visa.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.
NOTICE: Due to Presidential Executive Orders, the National Security Agency
may have read this email without warning, warrant, or notice. They may
do this
without any judicial or legislative oversight. You have no recourse nor
protection save to call for the impeachment of the current President.
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Mar 2nd 2006, 10:44 pm
#5
Guest
Posts: n/a
Re: query reg H4 to H1 process time and rules
Kevin Keane (see Web site for email) wrote:
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
> tiger786 wrote:
> > Kevin Keane (see Web site for email) wrote:
> > tiger786 wrote:
> >>>> I am H1 and my wife is on H4. I know that in order to covert to H1
> >>>> ,She need sto file H1 and the quota comes under FY 2006 if she files in
> >>>> Apr 2006.
> >>>>
> >>>> Let me know how many weeks/months does it take to process if she files
> >>>> for H1 when she is in US?
> >>>>
> >>>> I heard it takes 5 months ? Is this true?
> > Maybe. It doesn't make any difference for you if the employer files in
> > April.
> >
> >>>> Can she start working the day the petition gets approved?
> > No. She can start working the date the petition specified as start date,
> > or the date the petition is approved, whichever is later.
> >
> > This is important because the start date for a petition filed April 1
> > must have a start date of October 1, or it would be denied under the quota.
> >
> > Therefore, she can't start working until October first no matter how
> > quickly the petition is approved.
> >
> > The second condition for her starting to work is that she must have a
> > current I-94 that says H-1B. In most cases, it will come with the
> > petition approval.
> >
> >>>> Does she has
> >>>> to get the passport stamped with H1 in US or does she has to return to
> >>>> her home country to get it stamped?
> > Neither. There is no need to get the H-1B stamped unless she plans to
> > travel outside the USA.
> >
> > If she does plan to travel, she must get an H-1B from a consulate in
> > another country - usually your home country, but it is also possible to
> > get one in Canada or Mexico (there are some risks with using third
> > country consulates).
> >
> >>>> Does she has to wait until she gets the passport stamped?
> > No.
> >
> >
> > --
> > Please visit my FAQ at http://www.kkeane.com before asking a question here.
> > It may answer your question. Remember, I am strictly a layperson without any
> > legal training. I encourage the reader to seek competent legal counsel
> > rather than relying on usenet newsgroups.
> > hi Kevin,
> > thanks for the reply.
> > I have one imp question and I thank u in advance for answering this
> > question.
> > 1.If she files her H1 from India and gets the LIN number.After that she
> > comes to US on H4.
> > What would be the scenario like?
> > after the approval when she is US ,Does she can go to India to get her
> > pp stamped or else is it enough for the petitions approval?
> In that case, only her H-1B petition would be approved, but there would
> not be a change of status (and no new I-94 attached, either).
> Therefore, she would remain an H-4. She has to go to a US consulate
> (either in India, or in Canada or Mexico) in order to get an H-1B
> stamped in her passport, and then return using that visa.
> - --
> Please visit my FAQ at http://www.kkeane.com before asking a question.
> It may answer your question. Remember, I am strictly a layperson without
> any legal training. I encourage the reader to seek competent legal
> counsel rather than relying on usenet newsgroups.
> NOTICE: Due to Presidential Executive Orders, the National Security Agency
> may have read this email without warning, warrant, or notice. They may
> do this
> without any judicial or legislative oversight. You have no recourse nor
> protection save to call for the impeachment of the current President.
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v1.4.0 (MingW32)
> Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
> iD8DBQFD518y2STeoAchQDkRAnZ+AJ9l+wgGprSgIFsZxoG+1p 7bbplhKACfe5HY
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Hi Kevin,
I am sorry that I did not put the scenario in a correct way.
Suppose,She is in India and she files for H1 and comes to US on H4
visa.Now my question is can she work in US after her H1 petion gets
approved when she is in US?
Will there be any legal problems?Does she has to get her pp stamped
even though she does not have any plans of travelling outside US?
pls explain.thanks in advance
chintu
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
> tiger786 wrote:
> > Kevin Keane (see Web site for email) wrote:
> > tiger786 wrote:
> >>>> I am H1 and my wife is on H4. I know that in order to covert to H1
> >>>> ,She need sto file H1 and the quota comes under FY 2006 if she files in
> >>>> Apr 2006.
> >>>>
> >>>> Let me know how many weeks/months does it take to process if she files
> >>>> for H1 when she is in US?
> >>>>
> >>>> I heard it takes 5 months ? Is this true?
> > Maybe. It doesn't make any difference for you if the employer files in
> > April.
> >
> >>>> Can she start working the day the petition gets approved?
> > No. She can start working the date the petition specified as start date,
> > or the date the petition is approved, whichever is later.
> >
> > This is important because the start date for a petition filed April 1
> > must have a start date of October 1, or it would be denied under the quota.
> >
> > Therefore, she can't start working until October first no matter how
> > quickly the petition is approved.
> >
> > The second condition for her starting to work is that she must have a
> > current I-94 that says H-1B. In most cases, it will come with the
> > petition approval.
> >
> >>>> Does she has
> >>>> to get the passport stamped with H1 in US or does she has to return to
> >>>> her home country to get it stamped?
> > Neither. There is no need to get the H-1B stamped unless she plans to
> > travel outside the USA.
> >
> > If she does plan to travel, she must get an H-1B from a consulate in
> > another country - usually your home country, but it is also possible to
> > get one in Canada or Mexico (there are some risks with using third
> > country consulates).
> >
> >>>> Does she has to wait until she gets the passport stamped?
> > No.
> >
> >
> > --
> > Please visit my FAQ at http://www.kkeane.com before asking a question here.
> > It may answer your question. Remember, I am strictly a layperson without any
> > legal training. I encourage the reader to seek competent legal counsel
> > rather than relying on usenet newsgroups.
> > hi Kevin,
> > thanks for the reply.
> > I have one imp question and I thank u in advance for answering this
> > question.
> > 1.If she files her H1 from India and gets the LIN number.After that she
> > comes to US on H4.
> > What would be the scenario like?
> > after the approval when she is US ,Does she can go to India to get her
> > pp stamped or else is it enough for the petitions approval?
> In that case, only her H-1B petition would be approved, but there would
> not be a change of status (and no new I-94 attached, either).
> Therefore, she would remain an H-4. She has to go to a US consulate
> (either in India, or in Canada or Mexico) in order to get an H-1B
> stamped in her passport, and then return using that visa.
> - --
> Please visit my FAQ at http://www.kkeane.com before asking a question.
> It may answer your question. Remember, I am strictly a layperson without
> any legal training. I encourage the reader to seek competent legal
> counsel rather than relying on usenet newsgroups.
> NOTICE: Due to Presidential Executive Orders, the National Security Agency
> may have read this email without warning, warrant, or notice. They may
> do this
> without any judicial or legislative oversight. You have no recourse nor
> protection save to call for the impeachment of the current President.
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v1.4.0 (MingW32)
> Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
> iD8DBQFD518y2STeoAchQDkRAnZ+AJ9l+wgGprSgIFsZxoG+1p 7bbplhKACfe5HY
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Hi Kevin,
I am sorry that I did not put the scenario in a correct way.
Suppose,She is in India and she files for H1 and comes to US on H4
visa.Now my question is can she work in US after her H1 petion gets
approved when she is in US?
Will there be any legal problems?Does she has to get her pp stamped
even though she does not have any plans of travelling outside US?
pls explain.thanks in advance
chintu
Mar 5th 2006, 12:20 am
#6
Guest
Posts: n/a
Re: query reg H4 to H1 process time and rules
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
tiger786 wrote:
> Kevin Keane (see Web site for email) wrote:
> tiger786 wrote:
>>>> Kevin Keane (see Web site for email) wrote:
>>>> tiger786 wrote:
>>>>>>> I am H1 and my wife is on H4. I know that in order to covert to H1
>>>>>>> ,She need sto file H1 and the quota comes under FY 2006 if she files in
>>>>>>> Apr 2006.
>>>>>>> Let me know how many weeks/months does it take to process if she files
>>>>>>> for H1 when she is in US?
>>>>>>> I heard it takes 5 months ? Is this true?
>>>> Maybe. It doesn't make any difference for you if the employer files in
>>>> April.
>>>>>>> Can she start working the day the petition gets approved?
>>>> No. She can start working the date the petition specified as start date,
>>>> or the date the petition is approved, whichever is later.
>>>> This is important because the start date for a petition filed April 1
>>>> must have a start date of October 1, or it would be denied under the quota.
>>>> Therefore, she can't start working until October first no matter how
>>>> quickly the petition is approved.
>>>> The second condition for her starting to work is that she must have a
>>>> current I-94 that says H-1B. In most cases, it will come with the
>>>> petition approval.
>>>>>>> Does she has
>>>>>>> to get the passport stamped with H1 in US or does she has to return to
>>>>>>> her home country to get it stamped?
>>>> Neither. There is no need to get the H-1B stamped unless she plans to
>>>> travel outside the USA.
>>>> If she does plan to travel, she must get an H-1B from a consulate in
>>>> another country - usually your home country, but it is also possible to
>>>> get one in Canada or Mexico (there are some risks with using third
>>>> country consulates).
>>>>>>> Does she has to wait until she gets the passport stamped?
>>>> No.
>>>> --
>>>> Please visit my FAQ at http://www.kkeane.com before asking a question here.
>>>> It may answer your question. Remember, I am strictly a layperson without any
>>>> legal training. I encourage the reader to seek competent legal counsel
>>>> rather than relying on usenet newsgroups.
>>>> hi Kevin,
>>>> thanks for the reply.
>>>> I have one imp question and I thank u in advance for answering this
>>>> question.
>>>> 1.If she files her H1 from India and gets the LIN number.After that she
>>>> comes to US on H4.
>>>> What would be the scenario like?
>>>> after the approval when she is US ,Does she can go to India to get her
>>>> pp stamped or else is it enough for the petitions approval?
> In that case, only her H-1B petition would be approved, but there would
> not be a change of status (and no new I-94 attached, either).
>
> Therefore, she would remain an H-4. She has to go to a US consulate
> (either in India, or in Canada or Mexico) in order to get an H-1B
> stamped in her passport, and then return using that visa.
>
> --
> Please visit my FAQ at http://www.kkeane.com before asking a question.
> It may answer your question. Remember, I am strictly a layperson without
> any legal training. I encourage the reader to seek competent legal
> counsel rather than relying on usenet newsgroups.
>
> NOTICE: Due to Presidential Executive Orders, the National Security Agency
> may have read this email without warning, warrant, or notice. They may
> do this
> without any judicial or legislative oversight. You have no recourse nor
> protection save to call for the impeachment of the current President.
> Hi Kevin,
> I am sorry that I did not put the scenario in a correct way.
Actually, it was pretty clear, I think.
> Suppose,She is in India and she files for H1 and comes to US on H4
> visa.Now my question is can she work in US after her H1 petion gets
> approved when she is in US?
See above - no, not without visiting a US consulate abroad and getting a
visa.
> Will there be any legal problems?Does she has to get her pp stamped
> even though she does not have any plans of travelling outside US?
Yes. The problem is that she never requested a change of status from H-4
to H-1B.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.
NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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tiger786 wrote:
> Kevin Keane (see Web site for email) wrote:
> tiger786 wrote:
>>>> Kevin Keane (see Web site for email) wrote:
>>>> tiger786 wrote:
>>>>>>> I am H1 and my wife is on H4. I know that in order to covert to H1
>>>>>>> ,She need sto file H1 and the quota comes under FY 2006 if she files in
>>>>>>> Apr 2006.
>>>>>>> Let me know how many weeks/months does it take to process if she files
>>>>>>> for H1 when she is in US?
>>>>>>> I heard it takes 5 months ? Is this true?
>>>> Maybe. It doesn't make any difference for you if the employer files in
>>>> April.
>>>>>>> Can she start working the day the petition gets approved?
>>>> No. She can start working the date the petition specified as start date,
>>>> or the date the petition is approved, whichever is later.
>>>> This is important because the start date for a petition filed April 1
>>>> must have a start date of October 1, or it would be denied under the quota.
>>>> Therefore, she can't start working until October first no matter how
>>>> quickly the petition is approved.
>>>> The second condition for her starting to work is that she must have a
>>>> current I-94 that says H-1B. In most cases, it will come with the
>>>> petition approval.
>>>>>>> Does she has
>>>>>>> to get the passport stamped with H1 in US or does she has to return to
>>>>>>> her home country to get it stamped?
>>>> Neither. There is no need to get the H-1B stamped unless she plans to
>>>> travel outside the USA.
>>>> If she does plan to travel, she must get an H-1B from a consulate in
>>>> another country - usually your home country, but it is also possible to
>>>> get one in Canada or Mexico (there are some risks with using third
>>>> country consulates).
>>>>>>> Does she has to wait until she gets the passport stamped?
>>>> No.
>>>> --
>>>> Please visit my FAQ at http://www.kkeane.com before asking a question here.
>>>> It may answer your question. Remember, I am strictly a layperson without any
>>>> legal training. I encourage the reader to seek competent legal counsel
>>>> rather than relying on usenet newsgroups.
>>>> hi Kevin,
>>>> thanks for the reply.
>>>> I have one imp question and I thank u in advance for answering this
>>>> question.
>>>> 1.If she files her H1 from India and gets the LIN number.After that she
>>>> comes to US on H4.
>>>> What would be the scenario like?
>>>> after the approval when she is US ,Does she can go to India to get her
>>>> pp stamped or else is it enough for the petitions approval?
> In that case, only her H-1B petition would be approved, but there would
> not be a change of status (and no new I-94 attached, either).
>
> Therefore, she would remain an H-4. She has to go to a US consulate
> (either in India, or in Canada or Mexico) in order to get an H-1B
> stamped in her passport, and then return using that visa.
>
> --
> Please visit my FAQ at http://www.kkeane.com before asking a question.
> It may answer your question. Remember, I am strictly a layperson without
> any legal training. I encourage the reader to seek competent legal
> counsel rather than relying on usenet newsgroups.
>
> NOTICE: Due to Presidential Executive Orders, the National Security Agency
> may have read this email without warning, warrant, or notice. They may
> do this
> without any judicial or legislative oversight. You have no recourse nor
> protection save to call for the impeachment of the current President.
> Hi Kevin,
> I am sorry that I did not put the scenario in a correct way.
Actually, it was pretty clear, I think.
> Suppose,She is in India and she files for H1 and comes to US on H4
> visa.Now my question is can she work in US after her H1 petion gets
> approved when she is in US?
See above - no, not without visiting a US consulate abroad and getting a
visa.
> Will there be any legal problems?Does she has to get her pp stamped
> even though she does not have any plans of travelling outside US?
Yes. The problem is that she never requested a change of status from H-4
to H-1B.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.
NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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