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H1 to H4 conversion

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  • H1 to H4 conversion

    Hi All,
    Starting Jan'13 my spouse is on stamped H1B visa but due to personal reasons we want to move from H1 to H4. And her employer is going to withdraw the petition after our confirmation. I have few questions.

    1. What is the procedure for H1B to H4 conversion? I hold valid H1B visa (change of employment in US recently with valid petition for current employer).
    2. Do we need to get it done thru' immigration lawyers?
    3. If her petition is withdrawn, can it still remain Cap exempt for future use?

    Thanks,

    - - - Updated - - -

    4. Also do we need to get H4 Visa stamped? Can it be done by visiting Canada?

  • #2
    Originally posted by man_prime View Post
    Hi All,
    Starting Jan'13 my spouse is on stamped H1B visa but due to personal reasons we want to move from H1 to H4. And her employer is going to withdraw the petition after our confirmation. I have few questions.

    1. What is the procedure for H1B to H4 conversion? I hold valid H1B visa (change of employment in US recently with valid petition for current employer). -- File I-539
    2. Do we need to get it done thru' immigration lawyers? -- Not required
    3. If her petition is withdrawn, can it still remain Cap exempt for future use? -- Yes

    Thanks,

    - - - Updated - - -

    4. Also do we need to get H4 Visa stamped? Can it be done by visiting Canada? --Not for the sake of it.
    See above.
    This is my opinion and not legal advice.

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