Cos - h4 - h1b - h4

[Streaker]

Hi all,

Came to US on H4 and converted to H1 in 2013. H1B validity is upto Sep 2017.I want to convert to H4 due to personal problems.

1.What documents are needed for converting from H1 to H4 from my side and from my spouse?

2.My Spouse have only his I797C (Acknowledgement Notice) at present with his I-129 still pending. Can I file my COS using only spouse's I797C?

Thanks
Hari

[shervin143]

1.What documents are needed for converting from H1 to H4 from my side and from my spouse?
>>> Check the below links

http://www.uscis.gov/sites/default/files/files/form/i-539instr.pdf

https://www.immihelp.com/sample-instructions-form-i539-extend-usa-visitors-visa/

2.My Spouse have only his I797C (Acknowledgement Notice) at present with his I-129 still pending. Can I file my COS using only spouse's I797C?
>>> Yes

[kabkaba]

Hi all,

Came to US on H4 and converted to H1 in 2013. H1B validity is upto Sep 2017.I want to convert to H4 due to personal problems.

1.What documents are needed for converting from H1 to H4 from my side and from my spouse?
--Form I-539
--Copies of your approval notice, passport and paystubs
--Copies of husband's receipt notice, passport and paystubs (if working)
--Copy of marriage certificate

2.My Spouse have only his I797C (Acknowledgement Notice) at present with his I-129 still pending. Can I file my COS using only spouse's I797C?
--Yes, but it will not be approved before H1 gets approved. There is an option in form I-539 to indicate that this based on a pending petition.

Thanks
Hari

Note, that processing times for I-539 are currently very high. You are allowed to keep working until COS gets approved, you can also stop working at any time after COS application is received (receipt date).