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Immigration Issues/Transfer of visitor visa to H4

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Question
Hello,

I would like to know if my husband can transfer his visitor visa to H4 visa while he is visiting me in the USA. I have a valid H1B visa and my I-140 has been submitted for approval.

Thank You.
Deepika

Answer
Hi,

When present in the U.S., your husband can file an application with the USCIS requesting change of status from visitor to H4 visa status. It is generally recommended to wait at least 60 days after entry prior to filing an application to change status. Your husband will sign this application.

It is OK if you have an intention to immigrate permanently to the U.S., as H visa status is dual-intent, i.e., it allows an intention to reside permanently in the U.S. even though it is a non-immigrant visa category. General information about the H4 visa category is here: http://h1b1.com/family.htm

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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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