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H4 --> H1 & primary changing from H1 --> H4

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  • H4 --> H1 & primary changing from H1 --> H4

    Hi,

    I came to US on H4 visa and applied for change of status and now we both are on H1 status. Now, if the primary(my spouse who was on H1 initially) wants to transfer to H4, is it valid? can we apply for that? I would like to know will there be any issues if we apply for H4 visa for primary in below cases.
    1) If primary goes to India and willing to apply for H4 visa, can this be done? because, spouse does not have a stamped visa on passport and just has the Change of Status and notice of action document with I94 attached.
    2) If primary applies for H4 visa in US.

    Thanks in advance.
    Thanks & Regards
    Sree

  • #2
    Both options are possible.
    This is my opinion and not legal advice.

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