Full Version: K3 to H1
VisaJourney.com > General Family Based Immigration Topics > Effects of Major Family Changes on Immigration Benefits
Hi, Could you please help me to find the answer for this question: I have valid visa K3, which will be terminated soon ( after divorce), can I change my current visa to visa H1 (employer is ready to sponsor the H1 visa). Thank you.
QUOTE(udoka @ Nov 21 2007, 05:53 PM) 
Hi, Could you please help me to find the answer for this question: I have valid visa K3, which will be terminated soon ( after divorce), can I change my current visa to visa H1 (employer is ready to sponsor the H1 visa). Thank you.
Do you have the GC yet?
QUOTE(Haole @ Nov 22 2007, 12:00 AM)
QUOTE(udoka @ Nov 21 2007, 05:53 PM)
Hi, Could you please help me to find the answer for this question: I have valid visa K3, which will be terminated soon ( after divorce), can I change my current visa to visa H1 (employer is ready to sponsor the H1 visa). Thank you.
Do you have the GC yet?
No green card yet we only filed for EAD. I-94 will expired 2009
QUOTE(Haole @ Nov 21 2007, 11:00 PM)
QUOTE(udoka @ Nov 21 2007, 05:53 PM)
Hi, Could you please help me to find the answer for this question: I have valid visa K3, which will be terminated soon ( after divorce), can I change my current visa to visa H1 (employer is ready to sponsor the H1 visa). Thank you.
Do you have the GC yet?
I don't believe the K visa permits an alien to convert to another visa type while in the United States. A call to a qualified immigration attorney would be your best bet.
QUOTE(diadromous mermaid @ Nov 22 2007, 11:13 AM)
QUOTE(Haole @ Nov 21 2007, 11:00 PM)
QUOTE(udoka @ Nov 21 2007, 05:53 PM)
Hi, Could you please help me to find the answer for this question: I have valid visa K3, which will be terminated soon ( after divorce), can I change my current visa to visa H1 (employer is ready to sponsor the H1 visa). Thank you.
Do you have the GC yet?
I don't believe the K visa permits an alien to convert to another visa type while in the United States. A call to a qualified immigration attorney would be your best bet.
I agree. Visas are for entering the country, not conversion while in the country. That's not to say you couldn't qualify for an H1 visa and use it to re-enter the US. This is attorney territory.
QUOTE(pushbrk @ Nov 22 2007, 03:36 PM)
QUOTE(diadromous mermaid @ Nov 22 2007, 11:13 AM)
QUOTE(Haole @ Nov 21 2007, 11:00 PM)
QUOTE(udoka @ Nov 21 2007, 05:53 PM)
Hi, Could you please help me to find the answer for this question: I have valid visa K3, which will be terminated soon ( after divorce), can I change my current visa to visa H1 (employer is ready to sponsor the H1 visa). Thank you.
Do you have the GC yet?
I don't believe the K visa permits an alien to convert to another visa type while in the United States. A call to a qualified immigration attorney would be your best bet.
I agree. Visas are for entering the country, not conversion while in the country. That's not to say you couldn't qualify for an H1 visa and use it to re-enter the US. This is attorney territory.
Humm... I read a few stories about folks who applied for a visa after entering the country. If you are changing status, wouldn't that be an 'adjustment of status'?
QUOTE(Chuckles @ Nov 24 2007, 08:11 PM)
QUOTE(pushbrk @ Nov 22 2007, 03:36 PM)
QUOTE(diadromous mermaid @ Nov 22 2007, 11:13 AM)
QUOTE(Haole @ Nov 21 2007, 11:00 PM)
QUOTE(udoka @ Nov 21 2007, 05:53 PM)
Hi, Could you please help me to find the answer for this question: I have valid visa K3, which will be terminated soon ( after divorce), can I change my current visa to visa H1 (employer is ready to sponsor the H1 visa). Thank you.
Do you have the GC yet?
I don't believe the K visa permits an alien to convert to another visa type while in the United States. A call to a qualified immigration attorney would be your best bet.
I agree. Visas are for entering the country, not conversion while in the country. That's not to say you couldn't qualify for an H1 visa and use it to re-enter the US. This is attorney territory.
Humm... I read a few stories about folks who applied for a visa after entering the country. If you are changing status, wouldn't that be an 'adjustment of status'?
It is possible to change from one non-immigrant status to another while in the country, but not for all types of visas. F-1 can be changed to H1-B, for instance.
QUOTE(udoka @ Nov 22 2007, 08:23 AM)
QUOTE(Haole @ Nov 22 2007, 12:00 AM)
QUOTE(udoka @ Nov 21 2007, 05:53 PM)
Hi, Could you please help me to find the answer for this question: I have valid visa K3, which will be terminated soon ( after divorce), can I change my current visa to visa H1 (employer is ready to sponsor the H1 visa). Thank you.
Do you have the GC yet?
No green card yet we only filed for EAD. I-94 will expired 2009
K3's do not expire because of divorce. You are allowed to stay until the date on your I-94.
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