H4 to H1 conversion???

E

elsie

Registered Users (C)
PLEASE HELP: H4 to H1 conversion doubts,

Hi,
I've been residing in US on H4 status for two years; however, my husband had been residing in US even before we got married, he had been in US on H1 visa since 2000 June. Hence, his sixth year in US will be starting this June.
He applied for GC only recently.
I contacted a company regarding sponsorship, and the lawyer says that even if I had been in US on H4 visa only for two years, they won't be able to go forward with my H4 to H1 conversion since my husband's sixth year on H1 is starting this June and hence I won't have one year left to apply for H1.
Have any of you had this experience? Is it true that H4 to H1 conversion is dependent on spouses H1, even if the person applying for conversion has been in US only two years? :confused:
Please share ur experience.
Thanks.
 
Last edited by a moderator:
elsie said:
Hi,
I've been residing in US on H4 status for two years; however, my husband had been residing in US even before we got married, he had been in US on H1 visa since 2000 June. Hence, his sixth year in US will be starting this June.
He applied for GC only recently.
I contacted a company regarding sponsorship, and the lawyer says that even if I had been in US on H4 visa only for two years, they won't be able to go forward with my H4 to H1 conversion since my husband's sixth year on H1 is starting this June and hence I won't have one year left to apply for H1.
Have any of you had this experience? Is it true that H4 to H1 conversion is dependent on spouses H1, even if the person applying for conversion has been in US only two years? :confused:
Please share ur experience.
Thanks.
Click to expand...
--------------Lawyer is correct
 
More Info

Ginnu can you detail more info on this. What does a wife's H4-->H1 have to do with husbands H1 :confused:
 
Hi Ginnu,
Could u please state why? Did you or anyone you know have the same experience?As one lawyer gave the information that my H4--->H1 conversion is not dependent on my husband's stay in US on H1B. He said that since I've resided in US only two years on H4, I still have 4 years left for H1B.
Thanks.
 
elsie said:
Hi Ginnu,
Could u please state why? Did you or anyone you know have the same experience?As one lawyer gave the information that my H4--->H1 conversion is not dependent on my husband's stay in US on H1B. He said that since I've resided in US only two years on H4, I still have 4 years left for H1B.

True , since you are dependent. Your h4 expiry date is your husband's 6th year end date, unless his H1 is 7th yr extendable.


Ask them to get new H1, go back to home country and come back with new h1 independently. You can stay 4 more years with out attached to yours husband h1..
Or if you are afraid of going back to home country to get visa stamped - join any school change to F1from H4 for some time and COS to H1 from F1. It will work
Click to expand...
 
Thanks for the reply.
I wanted to mention that my husband's H1B is 7th yr extendible. He can extend until he gets GC.
I would also like to ask if I require to have a gap of 1 year outside US to come on fresh H1...any ideas??
Thanks.
 
elsie said:
Thanks for the reply.
I wanted to mention that my husband's H1B is 7th yr extendible. He can extend until he gets GC.
I would also like to ask if I require to have a gap of 1 year outside US to come on fresh H1...any ideas??
Thanks.
Click to expand...

No need of 1 yr gap out side US for you to get a new H1 because you are not exhausted your 6 years h1 duration. ( only 2 yrs you have used).
 
Another doubt please :confused: :confused: ,

Does that mean that
If I convert my H4 to H1 while in US, I will get the H1 only until my husband's H1B expiry??
And that
If I go out of US and get the H1 stamped, I can get my H1 for 4 years??
 
H4-h1

Elsie,

Once you change your status to H1, you are not dependent on your husband's duration of stay in the US.

Since you have completed only 2 years on H-4, you will be able to get another 4 years on H1- And if your H1 is approved alongwith a change of status, you can start working on the H1 without going back to your home country for a visa stamp.

But the point is that, H visas are only issued 3 years at a time. So, if you change your status from H4 to H1 now, the H1 will be for one year only because that would complete the first instalment of 3 years. You can however apply for an extension for another 3 years.

I recently did a change of status from H4 to H1 and therefore know for sure that my H1 time is not dependent on that of my husband.
 
Thanks vibhuti for sharing ur experience.
Now I get it, 3+3 yrs...So I guess the company can first take one year H1 for me, then extend it later to another 3 yrs.
Thanks.
 
elsie said:
Thanks vibhuti for sharing ur experience.
Now I get it, 3+3 yrs...So I guess the company can first take one year H1 for me, then extend it later to another 3 yrs.
Thanks.
Click to expand...

Not necessarily. You will get stright 3 yrs H1 first , second time renew for remaining 1 year.
 
I have recieved offer for job and need H-1 visa. I was on H-4 visa for past 4 years, ever since I entered the country. My husand has finished his six years three years back and is on extension. (Since we applied for GC). Can I get H-1 visa. Will it affect my husband's case.
 
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