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Immigration Issues/H1-b visa to H4 visa conversion

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Question
Hi,

I have H1-b visa. I had to do 3- yr visa extension for another 3 yrs in Nov 1 2007. But I forgot to apply for extension. I have applied for extension in Nov 21 2007 in Normal process. After applying it I checked and sent application fee wrong. So before getting any information from Immigration I have applied again on Dec26th 2007 with premium process. Then my premium file has taken and got receipt number on jan 02 2008. After 3 days I got a mail from immigration need more information by the end of apr 1 2008.
  So I want to apply for H4 visa now without submiiting that information to immigration regarding my h1-b.

   My husband has a EAD card. I am planning to apply for H4 visa. How many days it will take to get apply and get approval. I need to get a h4 visa before apr 1 2008.
 
   Please let me know. I appreciate your help.

  Thanks,
  Jaya


Answer
Hi Jaya,

In order to be granted extension or change of status, you normally must file the appropriate application before the I-94 expires.

My recommendation is for you to travel abroad to be issued H-4 visa at a U.S. Consulate. When you enter the U.S., you will automatically be in H-4 status without any application being filed with the USCIS. If you file an H-4 application at this time with the USCIS, the probability is that it will be denied, and that is why I recommend applying directly for H-4 visa at a Consulate abroad. You should travel outside the U.S. for visa issuance no more than 180 days after Nov. 01, 2007.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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