H1 To h4 transfer

[immireader]

Hi All,

I came to USA on H4 visa and my I 797 of h4 is till May 9, 2010. I transferred my visa to H1B in 2008 and started working till date. I went back to india for vacation and got my H1B stamped. Now I am expecting and also my project ends on April 15 2010. How can I go back to my h4 visa as I still have it till may 2010. What is the process and how long is generally the process and what is the earliest to initiate it? Also how much does it costs?

Please reply ASAP.

[sk4ih]

You need to apply for change-of-status using I-539 form. Fees is about $400. It might take 2-3 months. Premium processing for additional $1000 for a response in 15-days.

[shervin143]

There is no premium processing for H4 petitions.
https://www.immihelp.com/us-visa-or-...um-processing/

You need to apply for change-of-status using I-539 form. Fees is about $400. It might take 2-3 months. Premium processing for additional $1000 for a response in 15-days.

[milda]

Shervin:

I am not crossing you. But just sharing the information I have.
See this link: http://edocket.access.gpo.gov/2006/06-4755.htm
which I got from www.uscis.gov

As per section B and as per my understanding, H4 is also eligible for premium processing. May be my understanding is wrong, but just thought to verify with seniors.

There is no premium processing for H4 petitions.
https://www.immihelp.com/us-visa-or-...um-processing/

[shervin143]

As of my knowledge, change of status to H4 doesn't qualify for premium processing as there is no need to process the dependent applications within 15 days. That is exactly what the link in immihelp states.

Check this
https://www.immihelp.com/us-visa-or-...um-processing/

Shervin:

I am not crossing you. But just sharing the information I have.
See this link: http://edocket.access.gpo.gov/2006/06-4755.htm
which I got from www.uscis.gov

As per section B and as per my understanding, H4 is also eligible for premium processing. May be my understanding is wrong, but just thought to verify with seniors.

[immihelp]

Just because you found something on USCIS web site, it does not necessarily mean that it is accurate even today.

Rules change all the time.

[immireader]

thanks but...

Thanks for your inputs.

So, I understand I cannot do premium processing for COS to H4. Now, I wish to do a COS from H1-B to H4 (based on spouse's H1B) as soon as possible. I have three questions I need help on: -

1) My husband has filed for extension on his H1-B (filed Jan mid) and is yet to get approval. If I try to file for COS now, would'nt I get back on H4 only till his current H1-B end date (that is May 2010)? If yes, I'll be out of status before I get COS done as it takes 2-3 months to get it done.
2) Assuming I wait for spouse's H1-B approval and then file for COS, would it make any difference that my previous H4 I-797 (valid till May 2010) would have expired by then?
3) Can I stop working as soon as I file for COS or when it gets approved? Because of medical reasons I wish to stop working asap.

Thanks again.

[shervin143]

1) My husband has filed for extension on his H1-B (filed Jan mid) and is yet to get approval. If I try to file for COS now, would'nt I get back on H4 only till his current H1-B
end date (that is May 2010)? If yes, I'll be out of status before I get COS done as it takes 2-3 months to get it done.
>>> You can file for H4 with the copy of receipt notice of your husband's extension petition. That way, if the H1B extension gets approved, you will get an H4 with the same expiry date.

2) Assuming I wait for spouse's H1-B approval and then file for COS, would it make any difference that my previous H4 I-797 (valid till May 2010) would have expired by then?
>>> COS is not possible when your current I-94 has expired. If you wait, then you will need to leave the country and get the H4 stamped. You cannot stay beyond your I-94 expiry date. That will make you illegal (If an extension or COS is not filed).

3) Can I stop working as soon as I file for COS or when it gets approved? Because of medical reasons I wish to stop working asap.
>>> Yes. You can stop working once you filed your COS.

[immireader]

1) My husband has filed for extension on his H1-B (filed Jan mid) and is yet to get approval. If I try to file for COS now, would'nt I get back on H4 only till his current H1-B
end date (that is May 2010)? If yes, I'll be out of status before I get COS done as it takes 2-3 months to get it done.
>>> You can file for H4 with the copy of receipt notice of your husband's extension petition. That way, if the H1B extension gets approved, you will get an H4 with the same expiry date.
Great!! So, on the I-539 form, I just mention the H-1B extension awknowledgement form my husband got from USCIS?

2) Assuming I wait for spouse's H1-B approval and then file for COS, would it make any difference that my previous H4 I-797 (valid till May 2010) would have expired by then?
>>> COS is not possible when your current I-94 has expired. If you wait, then you will need to leave the country and get the H4 stamped. You cannot stay beyond your I-94 expiry date. That will make you illegal (If an extension or COS is not filed).
I think I confused you - my I-94 corresponds to H1-B and is valid till 2011. I meant would it be okay if I let my old H4 (I797) expire (it exipres the same time as my husband's H1-B)?

3) Can I stop working as soon as I file for COS or when it gets approved? Because of medical reasons I wish to stop working asap.
>>> Yes. You can stop working once you filed your COS.

Thanks for all your help!

[shervin143]

Great!! So, on the I-539 form, I just mention the H-1B extension awknowledgement form my husband got from USCIS?
>>> Yes. Check this.
http://www.uscis.gov/files/form/I-539instr.pdf

I think I confused you - my I-94 corresponds to H1-B and is valid till 2011. I meant would it be okay if I let my old H4 (I797) expire (it exipres the same time as my husband's H1-B)?
>>> Your H4 I-94 is not valid any longer after you have converted your status to H1B. What counts now is your H1B I-94. You have to file a COS to H4 before it expires. If you quit your job, then you need to file the H4 before your last pay slip.