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Immigration Issues/H4 to H1 B conversion

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Question
Hi,
I am on H4 visa now which will expire on sept 30 2008.Anyway  my husband's employer's will extend my visa along with his H1 B.The problem is that i have filed for a change in status from H4 to H1 B on this April quota.Do i need to go to my home country India for stamping?Will my H1 be a 'fresh 'one or a 'change in status'? Because i heard that the H1 wil be in effect only from Oct 1 2008,and as my visa expires on Sep 30 2008,my H1 will be considered as a fresh one.As per my knowledge for a fresh one you need to stamp it from your home country and for 'change of status' you need not.Do i need to go to india for stamping just because of this 1 day difference between sep 30 and oct 1? Please do help me to get an answer.

Answer
Hi Rekha,

Please see the H-1B petition that has been prepared by your employer and see if "consular processing" or "change of status" is requested. If consular processing is requested, you will need to be issued H-1B visa stamp at a U.S. Consulate abroad and then enter the U.S. in order to activate H-1B status. If change of status is requested, you will automatically be in H-1B status effective October 01.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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