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Immigration Issues/Dependent visa transfer

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Question
Hi,
Myself and my son came to usa in Jan'2011 on H4 visa with my husband. I got my H1b in November'2011. But my son is still dependent(on H4 visa) on my husband.
I want to transfer his h4 status on my H1b (Means I want him to be my dependent).
Is it possible to do that? If yes, then what is the process?

Thanks in advance

Answer
Dear Dolly,

I believe it can be done, but your son will have to leave the US and return with his H-4 visa in his passport and your H-1b documents to seek entry.  After he is re-admitted he will be under your H-1b status as H-4 and will not be under your husband's status anymore.

This cannot be done in the US because regulation does not allow change of status to the same status.  He will be changing from H4 to H4, which will not work.  However, if he re-enters on H-4 with your H-1b documents then his H4 will be under your H-1b status after he enters the United states.

If he doesn't have an H-4 visa in his passport, he will have to apply for one in a US Embassy abroad.

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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