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ashwinit

H4 to H1 change of status (H1 is cap-exempt)

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My spouse is currently on H4 visa as my dependent.

He was on H1B until November 2011 and has 4.5 yrs remaining on his H1B.

He has found a job and that employer is willing to file his H1B. The only problem is the employer's immigration team has never done a H4 to H1 change of status before and hence they are apprehensive about it.

I have following questions regarding change of status from H4 to H1(cap-exempt):

  1. What is the process to do this change of status?
  2. What forms do we need to fill up?
  3. What supporting documents do we need to provide?
  4. Will his change of status impact my current GC processing?

If anyone can provide direct USCIS links / documentation that describes this process, that will help tremendously!

Regards,

Ashwini

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  • What is the process to do this change of status? Same as that of H1 filling, just select Change of Status classification on Form I-129
  • What forms do we need to fill up? I-129 and H1 supplements
  • What supporting documents do we need to provide? Same when he applied for H1 frist time + Documents of current H4 status
  • Will his change of status impact my current GC processing? NO

Ask them to consult an experienced immigration attorney

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