Immigration Issues/H4 to H1B Amendment

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Question
Hi,

When I was in India I applied for H1 visa through a US consulting company.

Details:
Applied H1 Visa:June 2012
Entered US with H4:Aug 2012
H1 approved :Oct 2012.

So in my case should I go for amendment or change of status.Will there be any issue if I transfer the H1 visa to a new company.Will I face any issue since I applied H1 visa outside US.

Please reply.

Thanks and Regards,

Answer
Hi,

Unless the H1B approval notice (Form I-797) indicates that you were granted change or extension of status (with an I-94 attached to the bottom of the H1B approval notice), then in order to activate H1B status based on the H1B approval notice you would need to go to a U.S. Consulate outside the U.S. (in most cases in your home country) and enter the U.S. on an H1B visa stamp.

You cannot transfer H1B status to a new company, or amend H1B status, as it appears that you do not currently have H1B status.

Immigration Issues

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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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