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  • H1B to H4 to H1B

    Hi everyone

    How easy it is for that employer to change H4 (non ead) visa back to H1b if I was already picked up in the lottery in the past?

    Context: I was recently laid off in H1B https://vlc.onl/​. While I am trying to find a job within a 60 day grace period I want to plan for the worse. Hoping to get on H4( non ead) and find a employer to transfer to H1b.
    Last edited by jekaribne; 10-03-2023, 10:21 AM.

  • #2
    Whether or not it is easy for an employer to change your H4 (non EAD) visa back to H1B will depend on a number of factors, including:
    • Your previous H1B employer: If your previous H1B employer was a cap-exempt employer, then you will be able to change to H1B status with a new employer without having to go through the H1B lottery. However, if your previous H1B employer was not a cap-exempt employer, then you will need to be selected in the H1B lottery in order to change to H1B status with a new employer.
    • Your new employer: Your new employer will need to be willing to sponsor you for an H1B visa and submit a Form I-129 petition to USCIS on your behalf. They will also need to prove that they have a legitimate need for your services and that they are paying you at least the prevailing wage for your position.
    • USCIS: USCIS will need to approve your H1B petition. This process can take several months, and there is always a risk that your petition could be denied.

    If you were selected in the H1B lottery in the past, then you are exempt from the H1B cap and will not need to go through the lottery again. This means that it will be easier for your new employer to change your visa status to H1B. However, there is still a risk that USCIS could deny your petition.

    Overall, it is difficult to say definitively how easy or difficult it will be for your new employer to change your H4 visa back to H1B. However, if you were selected in the H1B lottery in the past and your new employer is willing to sponsor you, then your chances of success are relatively good.

    Here are some tips for increasing your chances of successfully changing your visa status to H1B:
    • Find a new employer that is willing to sponsor you for an H1B visa.
    • Make sure that your new employer has a legitimate need for your services and that they are paying you at least the prevailing wage for your position.
    • Submit a complete and well-written H1B petition.
    • Hire an experienced immigration attorney to help you omegle with shagle your voojio H1B petition.

    I hope this information is helpful.
    Last edited by YangtuchXo; 11-28-2023, 09:17 AM.

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