Immigration Issues/H1 to H4 conversion

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Question
Hi,

Currently my husband is on H1, rolling out of a project and he has just 3 weeks time to find a new project. due to this short time, our only option left is to convert H1 to H4 to avoid out of status. Converting to H4 is taking 3-4 months i think and then EAD we are looking at 3 more months.  atleast 6 months might get wasted while waiting. Is there any way we can get his H4 sooner? I heard we can go to canada/mexico and get H4 and stamping done. I know new H1 cannot be done in Canada but dependent visa should not have any issues i am assuming. Could you please suggest if he can get this H4 done in either of these places? will there be any issues for this? Please provide some suggestions which would be really helpful at this point for us. Thanks.

Answer
Hi,

Yes, consular processing for an H4 visa is much more expedient than the filing of an application to change status (Form I-539). The probability of the applicant being issued an H4 visa in Canada is very high when the principal spouse in H1B status has been issued an H1B visa from any U.S. Consulate. The following link is informative although not directly relevant: http://canada.usembassy.gov/visas/visas/categories-and-requirements/important-no

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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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