H1 to H4

[MayNg]

1) May I know what documents should I prepare to apply
for the H4 visa?
2) What forms should I use to apply for the H4 visa?
3) Can I apply for my H4 visa while my husband's H1
visa is in pending?
4) Am I legal to stay in US when my H4 is in process?
5) Should I apply my H4 visa before I quite my job?
6) How much it cost and how long it takes to apply for
the H4 visa?
7) Is it necessary to have a lawyer to apply for my H4
visa?

Hope to hear from you soon. Thanks....

Sincerely,
joys

[immihelp]

From your questions, I assume that you are on H1 visa currently and plan to quit the job and apply for H4 based on your spouse's H1. So my answers are based on that.

1,2,6. Form I-539 (available on this site).
Copies of your spouse's H1, passport.
Fees and other things as mentioned in the Form I-539 instructions.

3. Yes, if already has current H1. Else no.

4. Yes, if you apply before you leave your job.

5. Yes.

7. Not really, if you know what to do. But it is better to hire an attorney.

[sidharthkumar07]

Hi
Just wanted to check if you needed to go out of US in order to get ur H1 converted to H4? Did u get ur H1 converted to H4?
I am in similar postion for my wife who is on H1 till now, but needs to go on h4.
Can I just fill up the form and send it across wit necessary documents ?
Appreciate ur reply. Pls let me know if I can talk to you over phone/email. My email is [email protected]

thanks again
regds
Sidharth

[sidharthkumar07]

From your questions, I assume that you are on H1 visa currently and plan to quit the job and apply for H4 based on your spouse's H1. So my answers are based on that.

1,2,6. Form I-539 (available on this site).
Copies of your spouse's H1, passport.
Fees and other things as mentioned in the Form I-539 instructions.

3. Yes, if already has current H1. Else no.

4. Yes, if you apply before you leave your job.

5. Yes.

7. Not really, if you know what to do. But it is better to hire an attorney.

Hi
I am in similar situation and needed to get my wife's visa form H1 to H4. My question was that does she need ot go out of US and then apply for H4? Or She can simple fill up the required form and send it across with the fees/required documents?
Also, what do we do of the existing H1? I assume ti will be rendered null the moment h4 gets approved. In that case, when does she need to leave her job?
Appreciate your reply. Kindly advice

regds
Sidharth

[shervin143]

I am in similar situation and needed to get my wife's visa form H1 to H4. My question was that does she need ot go out of US and then apply for H4?
>>>>> You can apply for a COS from H1B to H4 from within U.S.

Or She can simple fill up the required form and send it across with the fees/required documents?
>>>>> Yes. (Form I-539 - Check immi help visas section for more info.)

Also, what do we do of the existing H1? I assume ti will be rendered null the moment h4 gets approved.
>>>>> H1B petition remains valid till the date specified. If she decides to work again, her employer can apply for a COS from H4 to H1B and when that gets approved, she can legally work again.

In that case, when does she need to leave her job?
>>>>> The day COS to H4 is effective.

Hi

Also, what do we do of the existing H1? I assume ti will be rendered null the moment h4 gets approved. In that case, when does she need to leave her job?
Appreciate your reply. Kindly advice

regds
Sidharth

[sshari_s]

We are in a similar situation. Im planning on applying for my wife's H1 to H4 COS based on my H1. Can she quit her job as soon as we apply for H4 COS and its pending. Or, do we have to wait until the COS is approved before she quits the job?

[shervin143]

Yes, she can quit after applying the COS from H1B to H4. You need to provide proof that she was in valid H1B status all these days by providing her latest pay slips. If the COS to H4 gets denied, then she need to leave the country and return back in H4 visa.

We are in a similar situation. Im planning on applying for my wife's H1 to H4 COS based on my H1. Can she quit her job as soon as we apply for H4 COS and its pending. Or, do we have to wait until the COS is approved before she quits the job?