Immigration Issues/From H4 to H1B


I just switched from an H1B visa to an H4 dependent visa (about two weeks ago) since my husband got a new job in a different city under an H1B and I had to quit mine. I am being offered a part time teaching job in a private school (.6) and now I have to process again my H1B. I want to know if the visa cap would apply to my case since my prior H1B was issued under the cap. If so, is USCIS still issuing H1B's?

Another question I have is if while I am under the H4 status I can volunteer my time to teach for this school with no pay until all the paperwork for the H1B is submitted?


To the best of my understanding, yes it would be fresh filing under the cap. USCIS seem has reached the cap fro FY 2012.  So, you may file H1B for FY 2013 when it opens in April 2012.

As you know, H4 is a dependent status which does not allow and/or permit one to work in the United States; however, you may volunteer your time - as long as it is unpaid.  

Best wishes,  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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