How long does a person need to be on H4 visa status before applying for COS to H1B?

[pri25]

Hi,

I entered USA on 12th Jan 2015 on H4 visa status (dependent of my husband who is on H1B) and my H4 visa had got approval on 24th Dec 2014. So my H4 visa is almost 2 months old.
Now I am planning to apply for H1B through a consultant in April 2015. Is it possible to do so? Because I have read somewhere that a person needs to be on H4 visa status atleast for 6 months before applying for H1B.

Kindly clarify.

Any inputs would be highly appreciated.

Thanks,
pri25

[raghvi]

Hi,

I entered USA on 12th Jan 2015 on H4 visa status (dependent of my husband who is on H1B) and my H4 visa had got approval on 24th Dec 2014. So my H4 visa is almost 2 months old.
Now I am planning to apply for H1B through a consultant in April 2015. Is it possible to do so? Because I have read somewhere that a person needs to be on H4 visa status atleast for 6 months before applying for H1B.

Kindly clarify.

Any inputs would be highly appreciated.

Thanks,
pri25

There is no such requirement. Your future employer can certainly file for your H1 in the upcoming cap. Also, as this is fresh cap based petition, the earliest you can move to H1 and start working on H1 is Oct 2015.

This is my opinion not legal advice.