Legal Question in Immigration Law in New York

change status to H4

Hi:

I am going to change my status to H4, right now I am on OPT. It will be expired on 7/13/2009

But my husband is changing his job, his new company is filing H1 transfer for him.

Can I file change of status now using his old company petition?

Thank you for your time and help.


Asked on 5/26/09, 9:45 pm

2 Answers from Attorneys
Patrick Klauss Berd & Klauss, PLLC

Re: change status to H4

If your husband is planning on filing an H-1b transfer you can file your change of status with his petition.

It is advisable to consult with an attorney prior to filing any paperwork.

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Answered on 5/27/09, 9:41 am
Antoinette Wooten The Wooten Legal Consulting, PC

Re: change status to H4

I would need more information regarding this case before I can comment on it properly.

However, it seems that you already know that by your husband's new employer filing for an H1 transfer he will be stating that he has a spouse and perhaps children.

In doing so you should be getting the H4 visa as his spouse if all facts are correct. Therefore, I do not understand why you would want to apply for the H4 visa separately?

Patricia Martin-Gibbons

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Answered on 5/27/09, 11:37 am


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