Urgently required information regarding H4 to H1 convertion

[Amitraj]

Hi
I am going to US with H4.I want to transfer the H4 to H1 and want to know what are the step required from converting H4 to H1 .Enquiries as follow :-
1. What is the time frame needed for the conversion .Will it be done before October 2008 (assuming i apply now).
2. Whether i have to be in US for the conversion .Is it mandatory.
If yes then how much time frame i have to be there in US ?.
3. Employer should be agreed for the conversion ( I have employer who is ready to do ) then what is the process to do from them ?.
4.Will it come under the 2007 cap (if applied before April 2007) or will it be considered as fresh for 2008 cap.
Its very urgent for me as i am trying to get date for H1B of my Spouse.It will be of great help if some of you help me in these regards and provides me all the process of conversion of H4 to H1 B.Waiting for your reply
Thanks a lot
Amit

[bhajso]

Hi Amit

Hi Amit,

What I understand is that your spouse has H 1B visa and you have H4 visa.
if you what to get a working H 1 status, you must have an employer. As you stated an employer is ready to sponsor you for H1 B petition. This will happen only on 1 April, 2008. If your profession and employer is planning to take you through cap H1 B quota then, it a lot of luck. The number of petitions are so huge, there is a sure chance of it going through a lottery system, if you are lucky your petition will be accepted. then you could start to work on H1 B from Oct 1, 2008. I am sorry not earlier than that.

If your employer is a cap exempt petitioner then there is a chance that they can apply for your H1 any time of the year and get you h1 B visa, as it will not have to got through lottery system.

Otherwise plan to apply for Green card when the retrogression is lifted, though it may take few years for it to materialize.

I don't think it is mandatory to be in USA to get an H1 B Visa. Once an employer is ready to file you they will take necessary documents from you, their own company documents and file you on 1 st April, 2008 not a day late. It will definetly come under 2008 quota., 2007 is already complete and over.


God bless you.