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Immigration Issues/H1B-->H4 --->H-1B transfer


Hello - I have recently converted from an H-1B to H-4 status as I was not able to join the employer that had filed for my H-1B in April 2009.

I am currently being offered a position with another employer. I know that if this company files for an H-1b visa, it will not be subject to the cap, but I am not sure what this means exactly , i.e.
1)can the new employer file for an H-1B as of today ? If yes, then how long will it take for its approval and effectiveness
2)Does the new employer need to wait until April 2010 to file for a new petition ?

Thank you. Appreciate your help.

Your new employer can file for a new H1B to change your status from H-4 to H1.  The process is similar to the previous time.  There is a premium process option that would allow a decision within 15 days which you could begin working as soon as it is approved.  Note, there are still visa numbers available so there is no worry about being counted against the cap or waiting until April 2010.
Good Luck
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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