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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 apply for another 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 a 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 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
Jaya,
When you state that "you applied"  and "I checked and sent application fee wrong" do you mean your employer/lawyer who filed your H-1B. Because H-1B applications are to be filed by the employer.

You also need to provide information on the basis your husband got his EAD.

You can apply for H-4 provided your husband is on H-1B. If he is currently using his EAD then he is not considered to be on H-1B.

So without this information, I am unable to answer your questions or give any suggestions.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com  

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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