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    bluesky1105's Avatar
    bluesky1105 Posts: 1, Reputation: 1
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    #1

    Mar 9, 2011, 09:01 AM
    EOS H4 pending. Can I file for H1?
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
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    #2

    Mar 9, 2011, 10:14 AM

    Yes, but please note three potential complications, (1) the USCIS has run out of H-1B numbers for FY2011, so the earliest start date for employment will be the beginning of FY2012, October 1, 2011, (2) the H-1B cannot be granted as a change of status unless your current NIV status is valid to October 1, 2011, and (3) the USCIS will usually need to have the H-4 approved prior to the approval of the H-1B.

    Your scenario is a bit more complex than you may think, I recommend you consult with an experienced business immigration attorney.

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