H4 to H1

T

tejaswini

New Member
Hi,

My spouse is currently holding a H4 visa.

He intends to visit US on B1 visa in the month of Apr for a period of 10 weeks.

Can we apply for H4 to H1 visa conversion during April.

He intends to return to India after his B1 visit is over and re-enter US on H4 visa around July.

Please confirm if you foresee any problems if we apply for H4 to H1 conv during his B1 stay.
 
if he enter the US with B1, his status is B1 and his status change is from B1 to H1.
First of all, he can apply change of status from B to H1, but if USCIS considered he does not have valid status upon H1 start date(for example, his B1 stay will expired before H1 start date), they will deny status change, and he needs to get H1 stamp before start working.
Second, if he left the US during status change is pending, again his change of status will be denied, therefore he needs H1 stamp before entering the US.
Third, he probably can not apply change of status immediately after entering the US with B1.
I do not understand why he wants to enter the US with B1, though he has H4.
 
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