Immigration Issues/H4 to H1 conversion

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Question
Hello

I have a question for you. I'm on H1 status. My wife is on H4. She has enough experience to work on H1 visa. Is there any provision availability for H4 to H1 transfer? Will it be a fresh H1 filing or just change of visa status? For this how much amount of fees should be paid? She got an employer who is ready to file H1B visa for her. She should then go for fresh H1B visa or just a visa conversion? I dont know anything about visa conversion, can you help me?

Thanks very much
Sashi


Answer
Hi,

Your wife's employer in the U.S. should file an H-1B petition requesting change of her status from H-4 to H-1B. If she does not have a willing employer, nothing can be filed.

Your wife will be subject to the visa cap, and therefore the earliest that the petition can be filed is April 01, 2007 with employment start date of October 01, 2007.

The USCIS filing fees are normally $190; and $750 (if fewer than 26 employees at the company) or $1500 (if 26 or more employees); and $500.

The following website may be helpful: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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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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