4 to 1 transfer question

Asked over 1 year ago - Piscataway, NJ

I heard that , to apply for a change of status to HB , for a 4 dependent , the dependent should stay in the US for at least 1 year before filing this change of status . Is this true ? If not , is there any such kind of time constraint to apply for a change of status ?

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

    3

    Lawyers agree

    Answered . I suggest you consult an attorney and do not rely on rumors. To answer you question, no. It is false.

    www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell:... more
  2. Dean P Murray

    Contributor Level 18

    1

    Lawyer agrees

    Answered . That is not true. Consult an immigration lawyer if you have questions in the future rather than listen to false rumors.

    ---------------------------
    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  3. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . No.

    This is general information, not legal advice, and does not create an attorney client relationship.
  4. Dwight David Myfelt

    Contributor Level 12

    1

    Lawyer agrees

    1

    Answered . If you are asking about going from H-4 to H-1B, there is no waiting period required. You can file right away.

    If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Knowing you have found my answer helpful encourages me to answer more questions for others.

    Thank you and best of luck!

    Dwight D. Myfelt, Esq.
    Email: ddm@hammondlawgroup.com
    Blog: www.healthcarevisalaw.com
    Facebook: http://ow.ly/icAWP
    Reddit: http://www.reddit.com/r/HealthcareVisaLaw/

    Please be advised that my response above is NOT legal advice and does NOT create an attorney-client relationship... more
  5. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No.

    The earliest that an H-1B petition can be filed is April 1. The earliest that the change of status can be effective is October 1.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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