H4 to h1

[neeraj07]

Hi,
I am currently on h4 visa. My spouse may be fired. In that case she will apply for change of status to b2 till she finds another job. meanwhile I plan to apply for H1b for april 2007 quota. Can I apply on the h4 visa I have even though she may have changed her visa status to b2?

thanks in advance

[Subramanya]

H4 and H1 issues

I am currently on h4 visa. My spouse may be fired. In that case she will apply for change of status to b2 till she finds another job. meanwhile I plan to apply for H1b for april 2007 quota. Can I apply on the h4 visa I have even though she may have changed her visa status to b2?

---- Even you may have to change to B2 status as your H4 is dependent on H1 (the principal applicant)

---- You cna apply for H1 in the April 2007 quota mentioning your H4 and await the outcome while you are residing in the US

---- However, you may want to speak to an attorney about this matter and take a decision based on the discussions

Subramanya