| Q. |
H4 to H1
I worked for company A, i dont have project when i aplied for H1B extention,got RFE asking for employer details and lot more which company A not provided,so i withdrawn my case at that time and my H1 expired and reentered on H4 stamping.I still have 11/2 yr out of 6 yrs left on H1b. If i get job now
1.Can i apply for New H1B with Company B or i need to reopen my witndrawn case with company A or I got to wait until next quota released to apply H1b? if i apply H1b with comany B, is INS going to review my old application?
2. As my h1 is exired and i am on h4 currently, what's the process to switch to h1 if i get the job
User's Location:
chicago, Illinois, United States of America
Category:
H1B, H4, L1, L2 Visa
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| A. |
Hello and thank you for your questions.
1. You can apply for H-1B with Company B at any time; there is no need to "reopen" the Company A case. You will also not be part of the H-1B cap, you were already counted 4.5 years ago so you will not have to be counted again.
2. You will have to apply for H-1B and "change of status" to H-1B. You will be able to start working only after the H-1B change of status is approved. You will be entitled to use the premium processing for 15-day processing.
Best regards. |
| |
Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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