H4 to H1B Change

[Pavan1130]

Hi All ,

I am on H1B for the last 3 years and due to the market situation I have decided to go for H4 Visa . I applied for H4 visa on May 8th (before my H1B expires on May 14th ) and I have got H4 Reciept number .

My Question is : Can I apply for H1B visa with the H4 recipt number even though my H4 is not approved ? or do I have to wait till the H4 is approved to apply for H1B ??


Thanks,

[Subramanya]

I am on H1B for the last 3 years and due to the market situation I have decided to go for H4 Visa . I applied for H4 visa on May 8th (before my H1B expires on May 14th ) and I have got H4 Reciept number .

My Question is : Can I apply for H1B visa with the H4 recipt number even though my H4 is not approved ? or do I have to wait till the H4 is approved to apply for H1B ??

---- If you are seeking a H1 transfer you can always apply. Your H4 will enable you to stay leagally in the US. Even H1 receipt will enable you to stay in the US, but you can start working for the new employer right away. However, it is better to wait for the H1 approval and if you PPDit it will be quicker

---- In the end the last action rule will apply. If your H1 is approved later than H4 under normal processing then you will be on H1 right away. If the PPD H1 is approved earlier you can withdraw your H4 petition

Subramanya