transfer H4 to H1 Visa

[tech2012]

Hi

Is it possible transfer H4 Visa to H1 Visa ?
shall we need to wait till April 2013 ?
when we get receipt from USCIS then we can start the work ?
If by chance H1B Visa reject then shall istay in USA on H4 Visa ?

pls let me know about this answer. appreciate ur help

Thanks in advance

[raghvi]

Hi

Is it possible transfer H4 Visa to H1 Visa ?
shall we need to wait till April 2013 ?
when we get receipt from USCIS then we can start the work ?
If by chance H1B Visa reject then shall istay in USA on H4 Visa ?

pls let me know about this answer. appreciate ur help

Thanks in advance

Yes it is possible. If it is a fresh H1 (that is, you never had an H1 in last 6 Years) then you have to wait till 01-April-2013 to file and the start date can only be 01-Oct-2013 or later. You can start working on new H1 only from 01-Oct-2013 or later.

If H1 petition is rejected you can continue to stay on H4 as long as H4 I-94 is valid and your spouse is maintaining valid H1 status.

This is my opinion not legal advice.