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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

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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. 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: 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.


  2. 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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. 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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  4. 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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  5. 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 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. The statement above does not create an attorney/client relationship. Answer is provided for informational purpose only.

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