H4 to H1 during 3 yr extension period

M

meep

New Member
Hi All,

I'm on H4 right now & my 6 yr period on this visa is ending on Aug, 2007. Meanwhile, my husband's I-140 is approved & we r waiting to file for 485, but due to retrogression it seems that it'll take another 2 yrs for our PD to be current. So next year, we'll apply for our H visa extension , hopefully, for another 3 yrs.

I would like to know whether I can change my H4 visa to H1 in this 3 year extension period, if I find an employer....

Any input in this regard is highly appreciated.

Thanks.
 
meep said:
Hi All,

I'm on H4 right now & my 6 yr period on this visa is ending on Aug, 2007. Meanwhile, my husband's I-140 is approved & we r waiting to file for 485, but due to retrogression it seems that it'll take another 2 yrs for our PD to be current. So next year, we'll apply for our H visa extension , hopefully, for another 3 yrs.

I would like to know whether I can change my H4 visa to H1 in this 3 year extension period, if I find an employer....

---- Yes, you can do it. Just find the employer ask them to file for H1

Subramanya
Click to expand...
 
Definitely not.

You can extend your H4 beyond 6 years through your husband's pending LC/ approved I 140 but not any H1.

To get your H1 beyond 6 years, you should have LC or I 140 through your LC pending more than one year old not your husband's.

You will not get your H1, even if USCIS issue H1 you have to go and inform USCIS you have already exhausted your 6 years in H status ( H1(0)+H4 (6)=6 yrs ).--------------------------------------------------------------------------
meep said:
Hi All,

I'm on H4 right now & my 6 yr period on this visa is ending on Aug, 2007. Meanwhile, my husband's I-140 is approved & we r waiting to file for 485, but due to retrogression it seems that it'll take another 2 yrs for our PD to be current. So next year, we'll apply for our H visa extension , hopefully, for another 3 yrs.

I would like to know whether I can change my H4 visa to H1 in this 3 year extension period, if I find an employer....

Any input in this regard is highly appreciated.

Thanks.
Click to expand...
 
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