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 .
I was always under impression that it is a prospective employer not the husband that files for H1B. I guess I was wrong.
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5 lawyers agree
No, unless you are an employer, you can't file for her.
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2 lawyers agree
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.
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13 lawyers agree
You wife cannot be on H-4 if she is in India.
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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.
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