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H1 to H4 Visa conversion

Chicago, IL |

I am currently in H4 Visa. One Employer filed Change of Status(H4 to H1) which has got approved from 1-oct-2013. Now because of some concern I will not be able to start working from 1-Oct-2013. So I would like to extend my current H4 Visa status and possibly in future I will try to go back to H1 status. My question is -
1. what is typical attorney fee for filing Extend of H4 status in case I do it myself(I saw somewhere the filing fee is $290)?
2. Considering 1-Oct-2013 is the date when my status getting changed to H4 to H1, what is the latest date to file my H4 status extension? If I file by 15-Oct-2013, will that be Ok?
3. What is the cost of changing my status from H4 to H1 back again?

Attorney Answers 6

Posted

Hi there, Let me try to address your questions in the order they were posed.
1) Unfortunately it is not ethical for attorneys to discuss their legal fees in this public forum because it could result in unethical practices (i.e. different attorneys trying to "get" a client by lowering fees, etc.). Therefore, you may be able to contact attorneys that interest you (you can find immigration attorneys in your area right here by searching on avvo.com search option) and contact them directly, or do an online search (again, most attorneys don't post their fees online, but some big law practices might). The fee you are quoting in your question ($290) is a filing fee. Filing fees is money required by immigration/the government to process your documents and applications - the attorneys do NOT get any of this money. They are completely separate from attorney fees. Attorney fees means paying the attorney for the work they do (and risk they take) in representing you in a particular matter.
2) I would not wait but file for H4 status extension immediately - even better yet, after you find an attorney whom you seem to get on with and whose fees seem reasonable after you have contacted a few, have THEM do this for you so as to avoid unnecessary problems or delays.
3) Whatever the current filing fees are, probably in the hundreds of dollars. An attorney can tell you the specific figures once you are ready to file the application since these fees sometimes change.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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Posted

Attorney fees vary depending on the case and their experience. It is best to file the extension as soon as possible.

Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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Posted

You should hire an immigration attorney to assist you.

The information on this website is not intended to be legal advice.

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Posted

The fees are discussed and negotiated with a reputable and acceptable attorney of your choosing and such discussion is highly improper to present a fee for another person without taking into account the professional expertise, skill and case requirements first.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Posted

You can leave the country and re-enter on the H4 after oct 1. Or you can file to amend the H1 start date.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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2 comments

Asker

Posted

Thanks Anu. In case I leave the country and come back,do I need new H4 stamping or my current H4 visa is sufficient? I think only employer can amend start date. If employer amend the start date, will my H1 status get activated automatically on the date set?

Anu Gupta

Anu Gupta

Posted

Current H4 should be sufficient as long as it is stamped. If employer files to amend the start date, yes, the new start date will be effective.

Posted

There are several ways to achieve what you want. If you talk to an attorney perhaps you could accomplish everything. Best Wishes!
Lalita Haran
(317) 660-6174

Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general nature and not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.

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