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Immigration Issues/Husbands H1 transfer in process. Can I apply for H4 now??


Hi ,
Currently my husband is in US on H1. Me and our son are here at India. We want to apply for H4 visa. But my husband is transfering his H1 . His H1 transfer is in process (not PP). When can I apply for H4. Afer the H1 transfer or I can apply now?? Plz need some advice in this.

Thanks in advance


You could probably come to the US on an H4 now but you would probably be processed based upon your husband's old H1.  In other words if his old H were to expire in 2009, your H4 might be granted only until that date in 2009 and then you would have to file for a new H4 that would match his new expiration date.  Thus, it would probably be better to wait until the new H1 is approved to enter on an H4 using that information.
Good Luck
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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