Immigration Issues/H1B denial and H4

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Expert: Ajay K. Arora - 10/26/2009


Question

Arora,

Came to US on H4 Visa later COS TO H1.  My H1 approval is valid until 2011.I Went for H1 Stamping in Canada my visa got denied due to am not able to provide the client letter and details.

Now iam planning to Come to US On H4 visa thru my wifes H1.Later i have plans  COS TO H1.

My question is Still am i eligible COS from H4 to H1 After comein to US with out respect to the cap Quota(As my visa denied already) .Please help me regarding on this


Thanks,
naveen

Answer
Hi,

After you enter the U.S. on H4 visa stamp, an H1B petition can be filed for you again requesting change of status (COS) from H4 to H1B. You will not be subject to the visa cap since you have an H1B approval issued by the USCIS within the past six years.

However, if you travel outside the U.S. again in the future, you will still need to be issued H1B visa stamp by a U.S. Consulate in your home country, or in Canada, in order to enter the U.S. since the purpose of your entry will be employment as per H1B approval notice issued by the USCIS.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com  

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Ajay K. Arora

Expertise

My law practice is focused exclusively on employment and family-based 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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