Conversion from H4 to H1

[chintu]

Your site is very informative.
I and my wife got H1 and H4.
I am going on H1 Visa in the next 1 month and I wanted to call my wife
after 3 - 4 months.
She has 3 yrs of IT exp working a MNC
The question is in order to convert her status from H4 to H1: Please
answer the following questions.Thanks in advance,


1.Is conversion is a tedious process ?

2.Do I have to find a suitable employer for her?

3.Is it true that Processing takes 8 - 12 weeks to change the status
?Can she file from her Inative country or after coming to US?Which one
would be easy ?

4.During the processing time can she work part time ?If so for how many
hours ?Will US Companies retrict that ?

5.Can a H4 work on a partime basis ?


Tiger

[Nishant]

H4

H4 cannot work. Not full time, not part time and not even voluntary for most organizations.
H4 cannot run business.

H4 to H1 change of status is possible within the country if stay is legal.

[veena_swsh]

1.Is conversion is a tedious process ?
NO.

2.Do I have to find a suitable employer for her?
OBVIOUSLY YES. ONLY WHEN THE NEXT YEARS QUOTA OPENS, YOU CAN FILE HER H1 PETITION

3.Is it true that Processing takes 8 - 12 weeks to change the status
?Can she file from her Inative country or after coming to US?Which one
would be easy ?
COS CAN BE DONE IN THE US. BUT THE H1B PETITION SHOULD BE APPROVED CORRESPONDINGLY. IF IT IS APPROVED AS A FRESH PETITION THEN A VISA IS REQUIRED TO START EMPLOYMENT. STAMPING CAN BE TAKEN ONLY AT RESPECTIVE HOME CONSULATE IN INDIA

4.During the processing time can she work part time ?If so for how many
hours ?Will US Companies retrict that ?
5.Can a H4 work on a partime basis ?
H4 CANNOT WORK.

[chintu]

Hi ,
Thanks for the mail.
Wrt to the answers given by you I am a bit confused of stamping procedures. That (H4 to H1 )can also be done in US if she is in US After the petition has approved .Right ?

[chintu]

Hi Veena,
Thanks for taking your time.

I guess the stamping of H1 will be done in US if she is in US & filed her H1B papers from US or
is it otherwise if she in US and files for H1 from there then does she has to come to India again for H1 Stamping ?
Please clarify.

Thanks In Advance
Tiger786

[chintu]

Veena,
I think I am bit confused with the procedures here.One says the H4 will be cancelled and the other say H4 will stay.Will some body confirm .THis is from newsgroup


tiger786 wrote:
> I have H1 and my wife has a H4 and presently working with MNC ,India
> Her present employer has filed for L1 and got her approved .She has an
> appointmnet in the month of Apr with Consulate.Can someone clarify if
> she

> 1.gets L1 visa stamped on her passport ,what will happen to her H4?She
> has 2 visas now .



Nothing, unless the consulate decides to cancel the H-4 (which would be
rare). It is perfectly legitimate to have two different visas in your
passport at the same time (but you have to decide at the airport which of
the two you are going to use).


> 2.How should one know, On what visa she will be entering US ?


She will tell the officer at the airport.


> 3.She has plans of entering on L1 then after entering US,will she lose
> her H4 status?


She won't "lose" H-4 status, because she doesn't have any status at all
until she arrives in the USA. Her H-4 visa remains valid. If she had been
in the USA in H-4 status before, she lost her H-4 status when she stepped
onto the airplane.


> 4.Once if her L1 visa expires can she make use of H4.


Assuming that you are still an H-1B at that time, and that her H-4 visa is
still valid, yes. She would have to leave the USA (a trip to Canada or
Mexico is enough) and return in order to change to H-4 status.

Of course, she could also apply for a change of status to H-4 without
leaving the USA. This is possible whether or not she has an H-4 visa in her
passport.


- --