Immigration Issues/h1 application

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Question
hello!
I have done my masters in Economics in 2005 on h4 status. I have got a job and my company is ready to file h1 for me in april , but i am travelling out of country so can i file change of status when i am out of country? if not can i come and file h1 in may in masters quota since i have done my masters from university here? am i eleigible to apply in master quota (20000) even if i have done my masters in 2005 on h4 status ?????????/
thanks
falguni.

Answer
Hi Falguni,

Since you possess a U.S. master's degree, you are included in the master's quota. The company can file H-1B petition requesting change of status, but it will not help you if you depart the U.S. prior to approval. In any event, the effective employment start date on the approval notice will be October 01, 2007.

If you are not in the U.S. when the petition is approved, go ahead and enter the U.S. in your current H-4 visa status. However, in order to activate H-1B visa status (based on H-1B approval notice issued by the USCIS), you will need to depart the U.S. again and apply for an H-1B visa through any U.S. Consulate in Canada or Mexico, or in your home country, or in the country of last residence.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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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