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H1 to H4

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  • H1 to H4

    Hi,

    Currently my wife is on H1 status and Current H1 is valid till Dec 2013. She is planning to move to H4. Can you please provide me what's the process ??

    Also, her employer told me that , Later any time she can move to H1 status irrespective of H1 regular quota. is this true even after Dec 2013 (bcoz current I-797 is valid till this year end) ? Appreciate for your inputs.

    Thanks..
    Last edited by H1babu; 05-05-2013, 06:06 PM.

  • #2
    She needs to file I-539 before her last day at work. Search for form and instructions on USCIS website.

    She will be exempt from annual cap until she spends 6 years in the US in H1 status.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      She needs to file I-539 before her last day at work. Search for form and instructions on USCIS website.

      She will be exempt from annual cap until she spends 6 years in the US in H1 status.
      Thanks for your reply. Can i file (I-539) myself or with my current employer ?

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      • #4
        It is your wife's responsibility. You or your employer can help her, but it is not necessary.
        This is my opinion and not legal advice.

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        • #5
          Originally posted by kabkaba View Post
          It is your wife's responsibility. You or your employer can help her, but it is not necessary.
          Thank you!

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