Immigration Issues/H4 to H1 transfer

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Question
My son is currently US on H4 since 2007 when he joined MBA program. Prior to that he worked in US for 4 years on H1. He is now being offered an employment.

1. Can he start working immediately after the employer files his H1 petition.
2. What is the time frame for getting H1 in this case since he is not covered under quota.
3. What should be the time gap between the H1 approval and the green card processing (LCA and I 140)
4. His I140 was earlier approved before he changed his status from H1 to H4 in 2007. What are the implications of this if he applies fresh fro green card now.
3. Would you suggest priority processing?

Answer
Hi,

Your son is not subject to the visa cap since he held H1B status within the past six years. He can start work for the H1B employer only when the H1B petition is approved. His employer may want to file H1B through premium processing so that the USCIS makes a decision within 15 days of filing.

The green card process is for full-time, permanent employment in the future and is thus independent of nonimmigrant visa status such as H visa status. Thus, the green card process through PERM can be started anytime (even prior to H1B filing or approval). Additional information about PERM is here: www.h1b1.com/laborcert.htm

Although the GC process will need to be started again through the filing of PERM, the earlier priority date can be maintained due to previous I-140 approval.

Your son can contact our law firm at 212-268-3580 during business hours or email info@h1b1.com for additional guidance.

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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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