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H1B to H4 transfer

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  • H1B to H4 transfer

    Hi,
    I am a postdoc in a top US university on H1B visa. My research are is cancer biology. My job is ending in a months time as my boss is moving to another university. My wife is on an independent H1B visa working in banking sector. I have couple of questions and would really appreciate for any kind of help.
    1. After I apply for H4 do I need to go back to my native country or I can stay in US till a COS comes/
    2. Can I apply for my Green card while I am on H4 or is there any risk involved in GC processing when on H4.

    Thanks a lot

    Abhi

  • #2
    1. After I apply for H4 do I need to go back to my native country or I can stay in US till a COS comes/
    >>> Once you apply the COS to H4, you can stay until you get the decision. If you apply the COS prior to the last date of employment (USCIS advises to apply at least 45 days in advance if possible), then the chances of a successful COS is high.

    2. Can I apply for my Green card while I am on H4 or is there any risk involved in GC processing when on H4.
    >>> Yes. Employment based GC is for for future employment.
    Not a legal advice. Use of this information is strictly at your own risk.

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