H4 to H1B


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Dear Sir/Madam,


My wife is currently on H4 VISA since Oct 2013.  I am planning to apply H1B VISA for her this year.i.e, April 2014.



Is there any specific timeframe before she can apply for H1B? What are the legal complications, if any?


What is the procedure to apply for H1-B from H4?


Thanks in advance.

Employer applies for H1B and not you. Employer files a cap subject H1B petition with change of status by April 2014 and on approval she can start working from 1st Oct 2014. For this she needs to first find a job with an employer who would sponsor her H1B.

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YOU are NOT doing anything for her.


SHE needs to find an employer to file for her. YOU need to stay out of it and let HER do what is needed for HER to be successful. If SHE is unable to do it on HER own, SHE does not deserve to work in the US. Do HER a favor; YOU do the dishes and laundry so SHE can conduct a job search.

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