H4 to H1B

[sudha_v]

My spouse is working on H1b and I am on H4 visa status. I have following queries with regards to changing the status from H4 to H1:

1. What is the procedure for changing the status of my visa from H4 to H1B.

2. Does this change of status to H1B falls under H1B quota for the year?

3. Does this change need to be done at any particular time of the year?

4. Do I need to come to home country to change the status?

5. How long it takes to get the change of visa status from the date of application?

6. Can I start working during the time when visa is under process?

Appreciate your response on this.

sincerely,
Sudha V

[leifbooger]

1. What is the procedure for changing the status of my visa from H4 to H1B.
--You need to find an employer who will sponsor your H1b visa. The rest is done by the employer and his lawyer.

2. Does this change of status to H1B falls under H1B quota for the year?
-- This years quota is full. You can only try next year now.

3. Does this change need to be done at any particular time of the year?
-- The quota begins in April. It ends when the cap is reached.

4. Do I need to come to home country to change the status?
-- No, it changes automatically.

5. How long it takes to get the change of visa status from the date of application?
-- Approx Dec 2007 if you apply in April 2007.

6. Can I start working during the time when visa is under process?
-- No, you need to wait until you get a social security number.