Change of status from H1 to H4

[kranthi_kk]

Hi All,

Sorry if it is a repeated question.

I'm on H1B from X company, and my spouse is on H1B with another company. Her project is getting over by this Friday (05/02). My daughter is on H4 dependent on my Spouse Visa.
What is the process to change the status (COS) of my spouse and daughter to H4 dependent under my Visa?
What is the latest date I should apply for COS?
What are the time frames to receive the receipt and status?
Is it necessary to have the receipt number to stay in USA?
Can they stay here is USA until USCIS makes a decision?

She has another offer with Y company, they are still in the process of filing transfer? Will this change of status to H4 effect the transfer to new company?

Earliest response is much appreciated.

Regards,
K.

[raghvi]

Hi All,

Sorry if it is a repeated question.

I'm on H1B from X company, and my spouse is on H1B with another company. Her project is getting over by this Friday (05/02). My daughter is on H4 dependent on my Spouse Visa.
What is the process to change the status (COS) of my spouse and daughter to H4 dependent under my Visa?
What is the latest date I should apply for COS?
What are the time frames to receive the receipt and status?
Is it necessary to have the receipt number to stay in USA?
Can they stay here is USA until USCIS makes a decision?

She has another offer with Y company, they are still in the process of filing transfer? Will this change of status to H4 effect the transfer to new company?

Earliest response is much appreciated.

Regards,
K.

1. Form I539 is used to file a Change of Status.
2. It should be applied before her last payday/work day.
3.It can take anywhere from few weeks to few months.
4. Yes it is necessary to have a receipt and they can stay max for 240 days if USCIS doesnt take a decision within that time.

The second part is more complex. If she applies H1 to H4, then unless she gets that approved a move back to H1 can lead to complications. Of course she can leave US, and return on H1 visa with new employers petition if her H1 is valid.

This is my opinion not legal advice.