Legal Question in Immigration Law in Virginia

H4 to H1 conversion

Hi,

We are planning for divorce. and want to change H-4 status of my wife to H-1 status inorder for her to have legal status after divorce.

I heard she will be out of status immediately following divorce decree if she is on H-4.

1. Can this conversion be applied anytime in a year or only after April 1st..?

2. Does this conversation will have any quota restrictions (she is applying H-1 for the first-time)..?

3. Does it needs to be through a lawyer or can be applied on our own..?

4. How much it will cost..?

5. How long it is going to take..?

Your input is very much appreciated.


Asked on 11/08/07, 9:07 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: H4 to H1 conversion

The conversion of H-4 visa to H-1B status is subject to the annual quota which becomes available on April 1 and the completion of the application for the change of status does not require the services of an attorney.

The processing time will vary with the district office to which the application for the change is submitted.

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Answered on 11/09/07, 9:41 am
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: H4 to H1 conversion

She cannot apply before the quota opens up and if the quota is subject to lottery last year she runs the risk of not being in the 2008 lottery.

You definitely need a company sponsor and a lawyer serves as your peace of mind that things are done properly.

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Answered on 11/08/07, 10:56 pm


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