J. J. Farrell wrote on 05/12/08 11:26:
> 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)
I have two nitpicks...
Nitpick 1: *all* university jobs that qualify for an H-1B are cap-exempt.
H-1s for "institutes of higher education," non-profit research organizations
affiliated with an institute of higher education, and government research
organizations are cap-exempt. Universities are obviously "institutes of higher
education."
> 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.
Second nitpick: that's not true anymore. The H-4 and H-1B times have been
decoupled some time back.
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney. |
