CURRENTLY ON H4, LABOUR & i140 approved, can i change to H1

[kraziahmed]

Hi, I have utilized my 6 years of H1b, currently i am on H4 and my Perm and i140 approved. Priority date is Octobrer 2011.
Can i change my status to H1 now ? or i have to wait till i file adjustment of status. please help as my H4 is expiring in december 2012, but i can get the extension of H4.

thanks

[zoom123]

You can do either.
Your spouse can apply for your extension of H4.
If you have a job offer then the employer can file your H1 .
- The application for H1 process will start from April 01,2013 and job starting date will be October 2013

[kraziahmed]

You can do either.
Your spouse can apply for your extension of H4.
If you have a job offer then the employer can file your H1 .
- The application for H1 process will start from April 01,2013 and job starting date will be October 2013

Thank you very much.

i will extend my H4 for now and apply for H1 in april 2013.

My wife is holding H1 from the same company which is sponsoring me and i will apply for their H1 too.

1. is this going to be a problem as i am holding H4 from the same company ?
2. I entered in the U.S on H1 and used all my 6 years. then change the status ( i am eligible to apply for H1 on the basis of approved labour and i140 ?) i have not left the U.S after my H1, but maintain legal status and presently on h4.

thanks again