Change of status form H4 to H1

soori14

Registered Users (C)
Hello
I am on H1B and it got expired in july 2004. I applied for H1 extension and i got approval until July 2005 and i applied extension of H4 visa too for my wife but her case is still pending (She has right now until July 2004) but when i applied for H1 extension in april i did not include her application togetehr with mine. Once i got my receipt i applied for hers and hence igot my approval but still hers H4 extension is pending.
Ok now coming to the actual concern, can i apply for H1 Visa for my wife when her H4b visa is pending.(under processing). Please let me know if any one has any idea on this.
 
Yes

You can apply H1, but she will come under CAP. This year quota is over. Wait until April 2005 for Yer 2006 quota
 
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