H4 to H1 transfer 2012- does the H4 Quota count affects this

I have 8.5 years of IT experience , but i am on H4 Visa, came recently toUSA in Sep 2012, when can i apply for H1.

My husband is on H1, he does not have Green card, nor he has applied for it.

Please respond.


There is only one quota and that is for H-1 petitions. This includes all applicants where they are outside US, or inside US on any A, B … Y, Z visa. There are no separate quotas for different visa holders.

So you will be subject to regular quota just like everyone else. The difference in your case (as w/ any other applicant inside US) is that COS (change of status) can be applied along w/ H-1 petition. Once approved, your visa status inside US will change from H-4 to H-1 allowing you to work on H-1 w/o needing to get visa stamped first.