The Nepal Digest - the First Nepali e-Magazine
Year 15, Volume VI, Issue 1, Published On Wednesday June 30, 2004 (Ashadh 16 2061 B.S.), New York, USA
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Immigration Questions and Answers
(Ramesh K. Shrestha is a practicing attorney in New York City. His office is located at 377 Broadway, Suite 801, New York, NY 10013. Tel: (212) 625-3394, Fax: (212) 431-4460, Email: Rshresthalaw@aol.com. His practice concentrates on Immigrant and Nonimmigrant Visas, Business Immigration, Extraordinary Ability, National Interest Waivers, Labor Certification/Permanent Residency, Detention/Bond, Removal/Deportation Defense before Immigration Courts/Executive Office for Immigration Review, Department of Justice.)

He will answer TND reader's immigration related questions. Questions can be asked by visiting our submit page or simply by emailing at contact@thenepaldigst.org. TND sincerely thanks and appreciates Mr. Shrestha's contribution. - Editor)

Bidya Shakya from USA asked:

Question:

I have recently found a job and the company has agreed to sponsor for H1 as well. However do I have to go back to Nepal to convert H4 visa to H1 Visa? Thank you.

 
Answer:

You can change your H-4 status to an H-1B by filing an I-129H petition with the USCIS right here in the United States. You are not required to return to Nepal only for this urpose.


Ramesh K. Shrestha, Attorney-At-Law

(Disclaimer Notice: Legal answer provided must not be construed as a legal advice rather it is an answer general in nature. One must seek legal advice from an immigration attorney for his or her particular legal matter.)



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Comments by Abhi Pradhananga from United States on Friday, July 16, 2004 at 18:47 - IP Logged
I am currently in USA and applying for a green card on exceptional ability category. I am planning to marry a Nepali girlfriend who is also in USA on a B1/B2 visa, but her visa has just expired by over 90 days. How is that going to affect to my Greencard? How can I help her and convert her status as mine? Do I have to wait until I get a US citizenship (5 yrs!!) to make her a legal alien? I appreciate any advices. Thanks.


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