H4 to H1 Conversion


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Hi, I am planning to apply H1B for my wife who is on H4 VISA. She has BSC (Micro biology) + MBA (HR).

1. What is the probability of getting rejections. I know no one can tell exactly, but if any history or idea. Please share.

2. Can she travel while the case in pending status with USCIS ?

Please do let me know. Thanks.

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I heard that to apply for an H1B from H4 with change of status, the H4 dependant should stay in the US for atleast 1 year before filing the change of status to H1B. Is this true or is there any time constraint like this before applying for an H1B?

No. You can file the COS much before 1 year stay. Have seen some attorneys suggesting atleast 3-4 months to avoid questions on the original intent of travel to US, but there is no official rule.

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There are two people here.. One is my husband who is a finance guy. My colleague's sister is looking for the same, she is from a engineering background also looking for the same. It could be easier for her as in IT. So trying to find different options to help myself n my colleague.

For your colleague's sister, if she has done her engg in IT then she will be eligible for H1B.

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