How do H1to H4 transfers work?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do H1to H4 transfers work?
I recently applied for the H1 to H4 petition. I am still waiting for the received receipt. I have few questions on this: 1. How long will it take to get the receipt? 2. How long will it take to get the H4 approval? 3. If I get a job before my H4 is approved, can I apply for the H4 to H1 COS and start working once my H1 gets approved or do I have to wait for H4 approval first and then file for H4 to H1 COS?
Asked on November 28, 2011 under Immigration Law, North Carolina
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It usually takes about 7-10 days to get the receipt. For the approval, it usually takes about 3-4 months, on average. If you get a job offer before your H-4 is approved, your employer will be able to file for a H-1B visa petition on your behalf but you will not be able to start working until after the approval is obtained since you are not currently working in H-1B status and, therefore, are not eligible for a H-1B transfer to another employer.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.