Immigration procedure for changing status from H4 to H1 visa

Asked almost 6 years ago - San Jose, CA

My spouse is in H4 now. We got approval of H1. One of her employer has started doing change of status for her H1. But we are not comfortable working with him. We have one more H1 got approved from another 2nd employer. Can we start doing change of status from H4 to H1 for the second employer ?

Attorney answers (2)

  1. Michael Harold Sharon

    Contributor Level 13

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    Answered . She can have multiple, concurrent H-1Bs, so long as there are no issues with regard to the H-1B cap. Each H-1B employer would need to file a separate H-1B visa petition on her behalf before she could start working for them.

  2. Karin Wolman

    Pro

    Contributor Level 16

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    Answered . If I read your question correctly, your spouse remains in H-4 status at present and has a prospective H-1B petition in process with one attorney, and a second job offer for which there is already an H-1B approval, but not a change of status.

    If the petition for the first job is filed already, you don't really have any choice about working with that lawyer, other than to abandon the job offer; if this is prospective, for an April 2009 filing, you can contact the employer and ask if it is OK to move forward with another lawyer, but you will have to pay the first lawyer for any work done to date. If your wife just wants to change status to H-1B as soon as possible based on the second H-1B approval, then employer#2 (through lawyer#2) can file an amended petition, requesting a change of status...if you are currently employed and maintaining valid H-1B status, and she can thus provide current proof that she is maintaining valid H-4 status.

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