H4 to H1 Transfer

[kamalpreet82]

Hi,

Need an advise.

I came to US in Feb 2013 on H4 Visa. then i filed for H1b visa same year and started working on H1b in Oct 2013.
i worked till Feb 2014 and then i had to go on maternity leave and i transferred back to H4.
Now i am ready to start working.
Will it be just a COS application from H4 to H1 after i find a project or do i need to start a new H1b application and have to fall under quota.
So far what i have understood is i will not fall under quota but i am not sure about how the H4 to H1b transfer will work.
appreciate your help here.
Thanks.

KP

[raghvi]

Hi,

Need an advise.

I came to US in Feb 2013 on H4 Visa. then i filed for H1b visa same year and started working on H1b in Oct 2013.
i worked till Feb 2014 and then i had to go on maternity leave and i transferred back to H4.
Now i am ready to start working.
Will it be just a COS application from H4 to H1 after i find a project or do i need to start a new H1b application and have to fall under quota.
So far what i have understood is i will not fall under quota but i am not sure about how the H4 to H1b transfer will work.
appreciate your help here.
Thanks.

KP

You would be cap exempt, that is need not be part of fresh lottery.

You dont typically need to search for a project, you need to find an employer who has work/project for you. Then the employer will file an LCA for the location and job position, once LCA is approved, the employer will file a I129 requesting a Change of Status from H4 to H1. They would refer your previous petition to process your petition as a cap exempted . Once I129 and COS is approved, USCIS will issue a I797 with new I94 and from the COS start date you can start working for the employer.

This is my opinion not legal advice.