my wife is on 4 and is in India now , she will come back to US in 2 months . she is planning to convert to 1 . So can I file on behalf of her to convert to 1 from 4 , as the process will start in April . ( or ) she should be present in US in March or April when the process of conversion from 4 to 1 starts .
Assuming you are on the H1 (employment visa) and your wife is on H4 (dependent visa), and currently in India. You wish to change her status from H4 to H1.
Prospective employer could file for her such change of status, you could assist them on her behalf. If you have an employer you could start the process right away. You could begin her process without her being physically present in the US. Usually it takes time to get visa application processed depending upon regular and expedited service.
If visa (H1) gets approved she can switch to new status.
Get free answers from experienced attorneys.
31,312 answers this week
3,222 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary