H4 TO H1 TRANSFER WHEN LABOUR APPROVED

Hi,

My husband got labor(EB-3) approved on dec,2011. and recently H1b approved upto dec,2015. Now i want to change my status H4 to H1. Is it the right time to change or shall i wait until my priority dates. IS going to effect my husband status ? When can i expect the EAD or travel documents. If I COS to H1 , when my husband received EAD, can change the status again back to EAD is it make any problem for both of us.

Thanks in advance.

Ani.

Priority dates for EB-3 may not be current for next few years. And if you are from India, China then it can take much more than that.

A quicker way is to find an employer and have them file H-1 for you along w/ COS from H-4 to H-1.

EAD will be issued when the priority dates become current for your husband. There is no EAD issued for H-1, but 797 which will take 2-6 months to process.

Thank you saurabh. I really appreciate your response.

My husband got labor(EB-2) approved on Sep’2010. and recently H1b approved upto dec,2014. Now i want to change my status H4 to H1. Is it the right time to change or shall i wait until my priority dates. IS going to effect my husband status ? When can i expect the EAD or travel documents. If I COS to H1 , when my husband received EAD, can change the status again back to EAD is it make any problem for both of us.

Ibs