From H4 to H1b (using 2014 H1b approved petition)

[panacea6565]

My spouse is on H4 and I am on H1b (in Texas).
She has a H1b petition from a consultant (filed in 2014 when we were in our native country India). Now she want to start working for same consultant using same petition (filed in 2014).
What are the options to move from H4 status to H1b status
Get stamping done from Mexico
Get stamping done from Canada
Get stamping done from india (it might not work as it is going to take 4 months because of queue ) and no client waits for it after selecting a candidate for project/assignment
What are the other options?
And which is one is good and easy ?

Note : Till date H1b stamping not done, only petition got selected in lottery and approved in 2014 (this is filed as consular processing, NOT as COS)
She came on H4 visa last mid-year as my dependent

[raghvi]

My spouse is on H4 and I am on H1b (in Texas).
She has a H1b petition from a consultant (filed in 2014 when we were in our native country India). Now she want to start working for same consultant using same petition (filed in 2014).
What are the options to move from H4 status to H1b status
Get stamping done from Mexico
Get stamping done from Canada
Get stamping done from india (it might not work as it is going to take 4 months because of queue ) and no client waits for it after selecting a candidate for project/assignment
What are the other options?
And which is one is good and easy ?

Note : Till date H1b stamping not done, only petition got selected in lottery and approved in 2014 (this is filed as consular processing, NOT as COS)
She came on H4 visa last mid-year as my dependent

First time stamping should be in home country. Why not file a COS while in US itself? That way she need not go out of US for stamping.

This is my opinion not legal advice.

[panacea6565]

H4 to H1b cap exempt COS time line & form

First time stamping should be in home country. Why not file a COS while in US itself? That way she need not go out of US for stamping.

This is my opinion not legal advice.

Raghvi,
Thank you for enlightening.
Few more queries::
how much time H4-->H1 COS takes in PP. 2 weeks ?

Another scenario, which can be a possibility :
Suppose the approved petition (approved in 2014) has already expired, will the COS from H4 --> H1 still works ?

[Rosalind32]

How legit with visa H-1B?

Goodnight, my name is Rita, I arrived from Mexico for a visa H-1B. It started five years ago. Every year I come to the United States for seasonal work. I am now 24 years old, all my friends and friends all in a row, we were told that cannot wait for me. I want to get a legal document, to live and work in the United States, I want to move to live forever in this wonderful country. Tell me how this can be done, I am now in the United States for seasonal work, for 5 years, I have mastered the language of the United States, the practice was most in 5 years. I have a good feedback from employers on which I have worked this time, as I do right? And if I get the documents for permanent residence in the United States, if I take my mother and brother live here?

I am very hard-working. I would really like to help me. I very much hope that the participants in the forum will help me and give me good advice.

[raghvi]

Raghvi,
Thank you for enlightening.
Few more queries::
how much time H4-->H1 COS takes in PP. 2 weeks ?

Another scenario, which can be a possibility :
Suppose the approved petition (approved in 2014) has already expired, will the COS from H4 --> H1 still works ?

2-4 weeks for LCA+Petition approval.

The petition was for that employer for that location and that duration. Even if it expired, the employee is still cap counted, so a new cap exempt petition can be filed.

This is my opinion not legal advice.

[Bob_Mak]

H1

Goodnight, my name is Rita, I arrived from Mexico for a visa H-1B. It started five years ago. Every year I come to the United States for seasonal work. I am now 24 years old, all my friends and friends all in a row, we were told that cannot wait for me. I want to get a legal document, to live and work in the United States, I want to move to live forever in this wonderful country. Tell me how this can be done, I am now in the United States for seasonal work, for 5 years, I have mastered the language of the United States, the practice was most in 5 years. I have a good feedback from employers on which I have worked this time, as I do right? And if I get the documents for permanent residence in the United States, if I take my mother and brother live here?

I am very hard-working. I would really like to help me. I very much hope that the participants in the forum will help me and give me good advice.

I recommend you try to get a visa for study and even then begin to search for variants of legalization as an option to become a highly qualified specialist, or to marry a citizen of US.

[Bob_Mak]

Interesting links

Goodnight, my name is Rita, I arrived from Mexico for a visa H-1B. It started five years ago. Every year I come to the United States for seasonal work. I am now 24 years old, all my friends and friends all in a row, we were told that cannot wait for me. I want to get a legal document, to live and work in the United States, I want to move to live forever in this wonderful country. Tell me how this can be done, I am now in the United States for seasonal work, for 5 years, I have mastered the language of the United States, the practice was most in 5 years. I have a good feedback from employers on which I have worked this time, as I do right? And if I get the documents for permanent residence in the United States, if I take my mother and brother live here?

I am very hard-working. I would really like to help me. I very much hope that the participants in the forum will help me and give me good advice.

You can apply to the DV Lottery. Here is the website with more info on the program https://travel.state.gov/contenthttp...isa/entry.html