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4 to 1 transfer question

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. No.

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


  2. 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 between you any myself. You should NOT take action based solely upon this response. I have not conducted the complete inquiry into all the facts of your case which I would undertake if you had retained me to act as your attorney. Additional facts which we would discuss if you hired me to represent you may very well change the response I have provided above. I strongly recommend you talk to an attorney who is experienced in immigration law in order to receive advice specific to your case. All of the responses which I post on Avvo.com are intended as general information for the education of the public, and should be considered to be a form of advertisement.


  3. 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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. 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: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.


  5. 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 on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

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