Immigration Issues/H4 to H1 conversion

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Question
Hi,

I am an employee of an Indian MNC company and would be travelling soon with my husband to US on a H4 Visa. I have taken a long term leave for this travel. Is there a way I can convert the H4 to H1 later, say 6 months down the line. Do I need to be back to India apply for a conversion petition or can I do it from US? I am aware I need an employer to sponsor the conversion, can this be done by my current company or does it have to be a US based company only? Thanking you in advance for your help.

Regards,
Keya

Answer
Hi,

An H1B petition can be filed by your employer requesting change of status from H4 to H1B. When granted change of status by the USCIS, you are not required to depart the U.S. and can start working for the sponsoring H1B employer upon grant of change of status.

It is OK if the sponsoring company has its headquarters outside the U.S., as long as the company has an office in the U.S.  

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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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