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Immigration Issues/Conversion of H4 visa to H1 visa

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Question
My daughter has recently gone to US on 26.06.12 on H4 visa. She wants to convert it to H1 visa for doing a job there as she is SAP consultant having 4 years experience. How she should move and when she got her status changed. Is there an time stipulation or Quota for conversion. Please guide in detail.

Answer
Dear Mr. Khetarpal:
From H4 to H1 is not a conversion but a fresh filing for H1 visa by the sponsor/employer/petitioner.  It is a fresh filing for which she would need an attorneys help.  You may check the details regarding H1 visa at:

http://www.uscis.gov/portal/site/uscis

Click on - Temporary (non-immigrant) workers under working in the US and then on your left click on H1B Specialty Occupations.  

However, I would recommend that she consults and/or hires an immigration attorney to provide on-going support as undoubtedly it will be needed since you are delving into a murky area of the law and would want to properly file the case without any problems.  

Best wishes,

Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  

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AJAY SINGH

Expertise

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.

Experience

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

Organizations
Member - AILA. Bar Council of India.

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

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