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PLEASE HELP: H4 to H1 conversion

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  • PLEASE HELP: H4 to H1 conversion

    I've been residing in US on H4 status for two years since Feb 2003; however, my husband had been residing in US even before we got married, he had been in US on H1 visa since 2000 June. Hence, his sixth year in US will be starting this June.
    He applied for GC only recently.
    I contacted a company regarding H1B sponsorship, and at first they agreed to go forward with my application after reviewing all my documents; then later after their lawyer reviewed my documents and husband's visa info, they say that even if I had been in US on H4 visa only for two years, they won't be able to go forward with my H4 to H1 conversion since my husband's sixth year on H1 is starting this June and hence I won't have one year left to apply for H1.
    My husband's GC is still in LCA stage and it might take at least another 2 years for it to get cleared.
    Have any of you had this experience? Is it true that H4 to H1 conversion is dependent on spouse's H1, even if the person applying for conversion has been in US only two years?
    Please share ur experience.

  • #2
    If anybody has had any similar experience, or know about this please reply.


    • #3
      AS far as I know, you still have four years if you convert to H1 otherwise you have to leave with your husband. Please check with an Attorney before you proceed.