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Leo Thomas

H4 to H1

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Filed: Timeline

A person who initially entered the US on a tourist B2 visa, gets married in US to a H1b holder and receives a H4 approval from USCIS. If this person wants to apply for a job and file for an H1, is it allowed ? Is the second change of status from H4 approval to H1B status allowed by USCIS even though the person has not gone out of the country after receiving the H4 approval for getting H4 stamp in the passport?

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Searching for a job while on dependent visa is acceptable (though WORKING on one isn't).

Yes, a change from H4 to H1-b can be done--subject to total quota restrictions, etc.

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

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Filed: Timeline
Searching for a job while on dependent visa is acceptable (though WORKING on one isn't).

Yes, a change from H4 to H1-b can be done--subject to total quota restrictions, etc.

Thanks CherryXS for your reply.

Does it mean within H1B quota limits for the year, the person can apply for H1B even though the H4 stamp is not in the passport,(the stamp in passport is the original B2 with which initial entry was made to US) but only an h4 approval letter?

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It still may work if a copy of the H4 approval notice is sent with the application.

Maybe you should consult an immigration attorney on this matter.

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

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