H4 to H1 conversion......Help....!

[mlpathir]

Hi,

I came to USA on Nov-12-2010 on H4 visa.

Now, If I want to convert my H4 to H1, Is there any minimum waiting period?

If I get a job immediately, can I file for my H1?

Please Advise.

[shervin143]

Now, If I want to convert my H4 to H1, Is there any minimum waiting period?
>>> No. An employer can file a COS from H4 to H1B on your behalf anytime.

If I get a job immediately, can I file for my H1?
>>> Yes. But you cannot work until the COS gets approved. There is a premium process that will give you the result within 15 days (assuming there is no RFE).

[mlpathir]

Hope I can start working immediately if it filed and approved in this year quota.

What if I filed after Apr-1-2010? Do I need to wait till Oct-1-2010?

[shervin143]

Hope I can start working immediately if it filed and approved in this year quota.
>>> Yes. The CAP is still open.

What if I filed after Apr-1-2010? Do I need to wait till Oct-1-2010?
>>> April 2010's CAP is still open. Did you mean April 2011? Yes, you need to wait until Oct 2011 if you file under that CAP.