Legal Question in Immigration Law in Texas

My wife is on a H4 visa status.

Is there a time limit before which a company can sponsor her H1B?

My friend told me that a person should atleast maintain the H4 status for 6 months before he/she can change the status to H1. Is this true?

Also, once on H1 how difficult it is to go back to H4 ?


Asked on 8/24/10, 4:07 pm

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

It is generally recommended that a change of status application from one nonimmigrant visa category to another not be filed for at least 60 days after entry to the U.S.

It is OK to go back to H4 from H1B without any problems as long as you are maintaining H1B status.

You can call our law firm at 212-268-3580 during business hours, or email [email protected] for any guidance.

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Answered on 8/29/10, 6:28 pm


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