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Applying for h4 to h1 visa transfer during h4 visa extension is under process

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  • Applying for h4 to h1 visa transfer during h4 visa extension is under process

    I am an h4 visa holder.My h4 visa is going to expire on march 2014.
    so my husband will apply for visa extension on January 2014.
    but i have to apply for h4 to h1 visa transfer.
    So as we know that it must be apply on April.

    If h4 visa in under process while i am applying for h1 visa ,is there any problem?
    Please, your answer is very precious for me.

  • #2
    You can apply for your extension of H4 status alongwith your spouse's H1 extension petition. It will normally take about 2 to 3 months for that to be processed. H1 extension and H4 extension can be filed up to 6 months in advance. So file it as soon as possible.

    If H1 petition is filed on Apr 1, it will be effective on Oct 1. If the H4 application is still pending on Apr 1, the H1 petition will become a bridge petition. The outcome of the H1 petition will then depend on outcome of the H4 application. But it should still be okay. Do consult an experienced immigration attorney, to make sure that it is filed properly.
    This is my opinion and not legal advice.

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