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Is It Right Way To Change H1 To H4/h4-ead Status Directly Going For H4 Visa Stamping

Discussion in 'H4 employment authorization' started by rajdan, Feb 1, 2016.

  1. rajdan

    rajdan New Member

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    Hi ,

    My wife is currently on H1 Status and currently residing in USA and she wants to convert to H4 visa . I would like to know If she directly goes to India and get her H4 Stamping over there in order to convert to H4 status . Is there any risk involved in going for direct H4 stamping. I have I-140 approved and would like to apply H4 EAD once she gets her H4 visa stamping and comes back to USA . I know we can apply I 539 in order to change her status from H1 to H4 within USA , but its a lengthy process and may take 3 to 8 months. Please let us know is it the right way to convert to change her status directly going for H4 visa stamping.
  2. Santy

    Santy Guru

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    It's actually a good move. There should not be any issue if you your documents are clean. Generally H4 problems are very rare but the pain of stamping remains till its done.
  3. Michelle Choe

    Michelle Choe Attorney at Law

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    The quickest way would be for your wife to go abroad and re-enter the US on her H4. Once she is on her H-4 she can apply for her EAD which takes around 45-60 days. As long as you are in valid H-1B status and have documents to prove maintenance of status, she should have no trouble obtaining her H-4.
    Ron Gotcher likes this.

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