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H4 To H1 transfer

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  • H4 To H1 transfer

    Can i apply for a H1 from H4 wherein my husband H1 extension has not yet done and his H1 visa has expired on sept 2010.
    My husband's consultant applied for H1 renew in july10 but we did not recieve any reply yet. In the mean while i got a job opportunity and the company is ready to transfer my H4 to H1....
    Am i eligible to apply for H1 with an expired H4(but no answer from consulate)???

  • #2
    Sure can provided your H4 extension was also applied with the H1 extension. Read about bridging on the forum. It is important that the H1b be approved or your H1b may become void if the gap is not closed.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Thanks for the reply.
      My h4 extension is also applied.and my husband has also applied for green card, so should i wait for H1 extension response before applying for my H4 to H1 transfer or there is some other way out. please advice.

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      • #4
        Any employer can apply for a COS from H4 to H1B for you. Like suggested, search and read about "bridging" in immihelp. You will need to provide the receipt number of the pending H4 extension. Like mentioned, it is important that your H4 extension and your spouse's H1B extension gets approved. You can also wait until the H4 extension gets through to apply your H1B.

        http://www.immihelp.com/forum/showthread.php?t=46198


        Originally posted by pn11 View Post
        Thanks for the reply.
        My h4 extension is also applied.and my husband has also applied for green card, so should i wait for H1 extension response before applying for my H4 to H1 transfer or there is some other way out. please advice.
        Not a legal advice. Use of this information is strictly at your own risk.

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