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Immigration Law

I actually have the same question as the one posted on this

Customer Question
Hi I actually have the...
Hi I actually have the same question as the one posted on this page. About a H1B visa holder whose spouse has a G4 visa
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: I am working on OPT now, my husband has an H1B. I have been offered a G4 visa, but I am worried that my husband would have to switch to G4 as well
JA: Have you talked to a lawyer yet?
Customer: No I haven't,we have a lawyer from his company but he hasnt worked with G4 visa
JA: Anything else you want the lawyer to know before I connect you?
Customer: no just that
Submitted: 1 year ago.Category: Immigration Law
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Customer reply replied 1 year ago
The employment with an international organization that sponsors the G4 visa is only 150 days.
Answered in 7 hours by:
1/8/2017
Immigration Lawyer: Expert James, Lawyer replied 1 year ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,634
Experience: Write FOR JAMES to get my help!
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Hello! Thank you for using Just Answer. I am James, and I will be assisting you. Please give me a few minutes to review your question and prepare a response.
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Immigration Lawyer: Expert James, Lawyer replied 1 year ago

Hi there,

My apologies for the delay. I have bene experiencing technical difficulties, but it appears they have been resolved. I'm so sorry for any inconvenience this might have caused you.

So you want to know whether your husband, who is currently on H1B, would have to change to a G4 dependent if you went to G4 status? Am I right on that?

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Immigration Lawyer: Expert James, Lawyer replied 1 year ago

OK, thank you for the clarification. And thank you for your patience as I clarified the information. Please note, this is for informational purposes only. My response does not create an attorney-client relationship. My answers are below.

Once you get your answers, please take the time to give me a positive rating of 4 or 5 stars. This is extremely important. Ratings are the only way I get credit for doing my job. So without a positive rating, it's as if I never showed up for work. Thank you in advance.

As to your question, your husband is not required to take on G4 dependent status once you go to G4 status. He can remain on H1B status. It would be as if you are two different people who have two separate and distinct immigration cases and statuses.

I hope I have answered your questions. If you want to talk on the phone for a fee, let me know and I will send you an offer.

Please remember that the only way I get credit for doing my job is with a positive rating. So please do that now by giving me 4 or 5 stars. If you have any additional questions, you can always continue to ask them, even after you've given a positive rating.

A BONUS is also appreciated if you feel I've earned one today.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal immigration Expert.

Thank you!

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Immigration Lawyer: Expert James, Lawyer replied 1 year ago

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but the question is still active. Do you require additional assistance? If not, please do remember to give me credit for doing my job. Thank you!

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Customer reply replied 1 year ago
Can you be more specific and refer to which law says that my husband do not need to convert? According to r. [U. S. State Department, Reference: 22 CFR Sec.
41.24 (b) (4)]. it says that they have to.
Immigration Lawyer: Expert James, Lawyer replied 1 year ago

My apologies for the delay. I wanted to confirm my understanding of the way that regulation is written. As a result, I see where there is some confusion on this. I must admit that under the vast majority of cases, an immediate relative of a G4 visa holder must change to G4, under the G4 trump rule (meaning the G4 trumps everything else). However there have been cases where exceptions have been made.

At which diplomatic entity would you be employed?

And would you be remaining in the same household when you are employed? Or would you be leaving to another city or state in order to take on this employment?

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Customer reply replied 1 year ago
I would be employed by the World Bank. I would stay in the same city but my husband might move (for different reason, his own work relocation).
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Expert James
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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