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Re: Visa related Posted on: Mon, 12 May 2008 18:27:28 +0000 (UTC)

sadiadp@gmail.com wrote:
>
> I was wondering if anyone can tell me whether changing visa status
> from HB 4 to HB 1 is possible for people who are already living in the
> US. My friend is working here in HB 1 visa, and needs to know whether
> her husband (HB 4 visa) can have his status changed. If yes, how?

There are no USA statuses called "HB 4" and "HB 1". Are you actually
talking about your friend being in H-1B status and her husband being
H-4? If so, then he's in the same situation as most people wanting to be
an H-1B, except that he has the advantage of already being in the USA
which makes it easier for him to find a job.

If he has the qualifications for an H-1B, then he needs to find an
employer who is prepared to sponsor him. Unless the job in question is
exempt from the H-1B cap (such as many university jobs) the employer
won't now be able to sponsor him until April 1, 2009. The application
would then go into a lottery, and if it is successful he would be able
to convert to H-1B status and start work any time after October 1, 2009.

Note that his time spent as an H-4 counts towards the limit on time
spent in H status; for example, if he spends 2 years as an H-4 then
he'll only be able to spend a maximum of 4 years as an H-1B unless he
leaves the USA for a year.