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

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Question
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

regards,
Jeni

Answer
Jeni,
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
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

Expertise

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,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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