H4 to H1 conversion for my spouse

[AnjaliBhardwaj]

Hi,

My husband will be travelling with me on H4 Visa, he has an exp of 7 yrs in IT, can u pls let me know:

1. Can he work on H4 till he gets H1.

2. What is the process to convert H4 to H1.

3. When can we apply for the change of status from H4 to H1. can it be applied any time of the year or it has to be filed along with H1 quota.

Thank You
Anjali Bhardwaj

[raghvi]

Hi,

My husband will be travelling with me on H4 Visa, he has an exp of 7 yrs in IT, can u pls let me know:

1. Can he work on H4 till he gets H1.

2. What is the process to convert H4 to H1.

3. When can we apply for the change of status from H4 to H1. can it be applied any time of the year or it has to be filed along with H1 quota.

Thank You
Anjali Bhardwaj

1. No he cannot work legally.
2. File a H4 t0 H1 as COS. Find a H1 sponsor to apply petition on 01-April-2014, and then wait, if approved, can work from 01-Oct-2014 or later.
3. If he never had a H1 in last 6 Years it would have to be part of this years's quota. The window will open on 01-April-2014, and the earliest start date can be 01-Oct-2014.

This is my opinion not legal advice.