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Question

I am looking to convert from H4/H4 EAD to H1. I had the following questions. 1) I am on H4 EAD. I previously held a H1 which was maxed out. From a couple of immigration lawyers I have heard that if a person on H4 EAD can get his perm and I140 doneby an employer then after the I140 approval he/she can move onto the previous H1 and can get extensions upto 3 years on the previous H1. The below link from trackitt confirms this. This has also been confirmed by Rahul Reddy who is an immigratiion lawyer. Please could you provide your legal opinion on this. http://www.trackitt.com/usa-discussion-forums/i765/1814919999/if-not-h4-ead-what-are-my-options/page/last_page 2) Whenever I get my H4 EAD, I will be working with a consulting company who will be employing me for a project with the client (major bank in the US). If step 1 can be done then we will proceed with the conversion to H1 after getting the perm and I140 approved. 3) If step 1 is not possible then I have to ask the consulting company/employer to file a new H1 out of cap for financial year 2022 and do a COS to H1. Will USCIS have a problem that I am working on an H4 EAD and doing a COS to H1. Can they reject the application.

User's Location: Dallas, Alabama, United States of America

Category: All Other US Visas