My wife is on 4 and is in India now , she will come back to US in 2 months . Can I file a petition to transfer her 4 to 1

Asked over 1 year ago - San Jose, CA

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 .

Attorney answers (5)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    1

    Answered . Her prospective employer will have to submit an H-1B petition on April 1st, and if she comes to the US in H-4 status, she can change status on October 1st.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . I was always under impression that it is a prospective employer not the husband that files for H1B. I guess I was wrong.

    www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell:... more
  3. Tripti Sharad Sharma

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You wife cannot be on H-4 if she is in India.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  4. Steven Kassam

    Contributor Level 3

    1

    Lawyer agrees

    Answered . 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.

    (FEB)

    Universal Immigration Centers, e-mail: universallawcenters@gmail.com of Steve Kassam 951.566.4050 The statement... more
  5. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . No, unless you are an employer, you can't file for her.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,292 answers this week

3,029 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,292 answers this week

3,029 attorneys answering