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H4-H1 Transfer

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  • H4-H1 Transfer

    i am looking for any immediate help does anybody had faced this situation

    Background
    I am on H1B since 6 years and with my I140 approval i got my H1 extended for 3 more years. My wife is on H4B who is staying in U.S since 6years and even she got her H4B extended for 3 more years.

    Problem for Converting H4 to H1


    My wife want to work and an employer is ready to sponsor her H1, but according to INS rules she can not get H1 since she passed 6 years on H4 and My I140 approval does not apply for her H1 Transfer.

    I am surprised of hearing this from my Attorney. Are there anybody who are in this situation and any information on this would help me a lot.

    Looking for any suggestions or experinces on this.

  • #2
    Yes. The 6 year limit is for H category. Even though your wife is on H4, she is not eligible for H1.

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