Legal Question in Immigration Law in Pennsylvania

H1B Change of status question


My wife has got a H1B petition approved from Oct 08. In Dec 08 she went to home country and could not get H1B stamping. So now she is on H4 visa. So now her current status is H4.

Can you tell if we can apply for her change of status now and what is the procedure.



Asked on 1/12/09, 12:04 am

1 Answer from Attorneys

Anthony Siliato Meyner and Landis LLP

Re: H1B Change of status question

Your wife is eligible for a change of status to that of H-1B. A new I-129 with H supplement must be filed with filing fee of $320. She should be able to avoid paying the $1500 Education and Training Fund fee and $500 Fraud fee by providing an approppriate explanation.

If you desire our assistance in filing the change of status petition, please let us know. We would charge a fixed fee of $2000.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.


One Gateway Center

Newark, New Jersey 07102

[email protected]

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Answered on 1/12/09, 11:15 am

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