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Registered Users (C)
H4 to F1 and F1 to H4 ( if needed)-- PLUS --any impact on existing GC process

Hi Rajiv,

I am on H1-B with more than 7yrs in US and my current extension being based on approved I-140 in EB2 category.
Wife is currently on H4. Since she is not able to work, we decided that she utilize her time by studying MS on H4
We came to know that she can study on H4 without issues but if she wishes to work, she needs to convert to F1 and then get a CPT. Is that correct?

Related Questions:-

• Is conversion from H4 to F1 easy.
• How long does it take, typically, to convert from H4 to F1 in normal processing.
• Is there any “Premium Processing” Option available here? If Yes, what charges?
• How much does it cost to convert H4 to F1.
• She currently has valid H4 stamped until Dec, 2015. In the mean-time, if she has to go out of the country like visiting India, does she need to go to consulate again to get another VISA stamped( F1- in our case ) to get back in USA OR existing/current H4 stamping is sufficient( even though she is studying of F1 here in USA )
• If it has to be F1 stamped again, is the scrutiny same as H1 candidates face or it will be less scrutiny and comparatively easier at the consulate
• In the future, if we need to convert her back to H4 for any reason, is it simple enough. Again how much does it roughly cost to convert from F1—to—H4. Also, In this scenario, if she has NOT been outside country , can she still utilize her existing H4 stamp to travel and come back to USA. ( I mean in scenario where we have H4 to F1 and then back to H4 )
• If the dates become current ( as I have approved I-140 ) , in the meantime, while she still on F1, do we need to be careful about anything while filing for 485 ? Or it does not matter whether she is on F1 or H4, if and when the dates become current.
• Lastly sir, we have been waiting for dates to move. My Priority Date is Dec 2010. Any news here if the things could move a) Generally OR b) Through Immigration Reforms ----- in the near future.

THANKS Rajiv ji.
Appreciate your help.
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In-Laws visitor visa,who should sponsor,me or my wife on income basis or closer relationship basis?.

Hi Rajiv,

Good Afternoon,

We want to send our in-laws for USA visitor visa stamping in India.Me and my wife both work,she makes around 58k and my salary is more than her.I would like to know who should sponsor them, me or my wife to increase chances of stamping.In one immigration site i read, it would be better if she sponsors as she have closer relationship with them than i and in I-134 put combined income.

is above mentioned true or would it be better if i sponsor them as my income is more than her,also is it fine to put combined income in I-134.

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Registered Users (C)
I have worked on H1B visa in USA since Dec 15-2005 for a total of 59 months, as explained below.

Only including time during which I was physically present in the USA, the periods are as below.

Dec 2005 to March 2009: 40 Months;
May 2012 to Jan 2014 for 19 months :

Between March 2009 to May 2012 – I was in the USA on a student visa and spent 4, 3 and 6 months outside USA ( that is more than 12 months in total but not continuously).
So, I am eligible ONLY for 13 months ( 6 years minus 59 months) on H1B when I have changed employer this february.

The attorney for my new employer filed for 3 years of H1B and has got the approval. In the petition, he only counted the time I have spent on H1B during the last six years. This totals to 32 months. It is weird that the I-129 petition only asks for the time spent in H1B during the last 6 years.
Based on the fact that my H1B petition has been approved for 3 years based on the application as explained above, my new employer’s attorney has advised me to begin working-which I did.

A) Even though he agrees to my claim that I am eligible for only 13 months of H1B, he claims that there was no error or mistake in requesting for three years of H1B in the Petition.

B) Moreover, My last job ended in Jan second week 2014 and the new employer’s attorney filed for my H1B petition in fourth week of Jan 2014. To remain in a lawful status, I filed for a B2 petition on the last day of the last job. But in the H1B petition, my employer’s attorney did not include any info about my pending B2 petition and claimed that my visa status was still H1B at the time the new H1B petition was filed.
My new employer’s attorney says there has been no error or mistake in what he did as I explained in ( A ) and ( B ) above.

What should I do. What are potential risks to me. The employer will begin the recruitment process to file for my GC soon. The attorney has also asked me to withdraw the visitor visa petition I had filed on Jan 11th that is still pending.
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