H1 to H4

[DGirl]

Hi,
I have to change my visa status from H1 to H4.I was on H1 for more than an year.
Question 1:-How much time will it take for changeing the visa status?My current employer will file for H4 by the end of May 2010.Till I dn't get my new papers will I be on H1?

Question 2:-Do I need to travel out of country immedialty to get the new H4 stamped or can wait 5 months?

Please clarify my questions.

Thanks.

[milda]

(1) Yes. Till that time you will be on h1. It normally takes 1 to 3 months.
(2) No need to go out for stamping. You can stay till your new I-94 is valid, which will depend on the primary h1b's time left.

[DGirl]

Thanks for the reply.
Just to clarify

1.If it takes 1-3 months...till then I will have to maintain my H1-b status?my employeer will have to generate my paystubs??

2.I dn't need to go out of country immediatly to get my H4 stamped.

[shervin143]

1.If it takes 1-3 months...till then I will have to maintain my H1-b status?my employeer will have to generate my paystubs??
>>> If you file for the H1B to H4 COS before the last working day (advisable to file at least 45 days before) on H1B, then you are all good.

2.I dn't need to go out of country immediatly to get my H4 stamped.
>>> Visa is just an entry document to U.S. You will need t get the H4 visa stamped only when you leave the country and want to return back on H4. As long as you are inside U.S, if you have a valid I-94 that corresponds to the status in which yu are, then you are all good.

[DGirl]

Once my employeer revokes my H1 visa I will have a few days in which I need to file for H4.What will be my visa status in those days?Can I be still be able to stay in country?

[shervin143]

Why do you have to wait till your employer revokes your H1B? You will go out of status the immediate next day the H1B is send for revoke. You should file your COS to H4 before that. Advisable to file it at least 45 days prior to your current status expiry. Once you file your COS to H4, you can continue to work until the COS gets approved. The period from filing the H4 petition to the period when you receive a decision is called as "Period of stay authorized by the Attorney General".

[DGirl]

got it..i dn't knew that I can apply before my talk to my employeer....

[cooljaz]

Hi,
I have to change my visa status from H1 to H4.I was on H1 for more than an year.
Question 1:-How much time will it take for changeing the visa status?My current employer will file for H4 by the end of May 2010.Till I dn't get my new papers will I be on H1?

Question 2:-Do I need to travel out of country immedialty to get the new H4 stamped or can wait 5 months?

Please clarify my questions.

Thanks.

Hi, I am also looking to change my status from H1 to H4. I will appreciate if someone can answer few queries that I have.
1) Do I need to submit the original I-94 or the copy of the I-94? My H1 was stamped recently so its not I-797.
2) My wife will be applying soon for H1,and I am not going to file my H4 before she gets her H1. But how long do I have to wait before I can file for H4? Some people say that 3-month pay studs are required for the H1 holder which will be my wife. Is it true, or can I just file for my H4 as soon as she gets her H1?
Thanks.

[shervin143]

1) Do I need to submit the original I-94 or the copy of the I-94?
>>> Copy of the I-94 is enough.

My H1 was stamped recently so its not I-797.
>>> Not sure what you mean by this.

2) My wife will be applying soon for H1,and I am not going to file my H4 before she gets her H1.
>>> Why? her employer can file yur H4 along with her H1B petition.

But how long do I have to wait before I can file for H4?
>>> You can file it along with her or anytime after that (Even if the H1B petition is pending with USCIS).

Some people say that 3-month pay studs are required for the H1 holder which will be my wife. Is it true, or can I just file for my H4 as soon as she gets her H1?
>>> Pay slips are required only for the period when she in in H1B status.

[cooljaz]

1) Do I need to submit the original I-94 or the copy of the I-94?
>>> Copy of the I-94 is enough.

My H1 was stamped recently so its not I-797.
>>> Not sure what you mean by this.

2) My wife will be applying soon for H1,and I am not going to file my H4 before she gets her H1.
>>> Why? her employer can file yur H4 along with her H1B petition.

But how long do I have to wait before I can file for H4?
>>> You can file it along with her or anytime after that (Even if the H1B petition is pending with USCIS).

Some people say that 3-month pay studs are required for the H1 holder which will be my wife. Is it true, or can I just file for my H4 as soon as she gets her H1?
>>> Pay slips are required only for the period when she in in H1B status.

Thanks a lot. One more thing though.
-"Pay slips are required only for the period when she in in H1B status.[/COLOR][/QUOTE]"
So, how does it matter if her employer applies for my H4 at the same time as her H1B?
- When I apply, my H1B will end as soon as my H4 is approved or as soon as I file for it?
- Also, will my employer be notified by USCIS regarding this that I have converted my H1B to H4? Because I still have 2-years left on my H1B, so just wanted to know how do they keep track of it (so that if I apply for the H1B in future I want those 2-years left!).

Thanks again.

[shervin143]

So, how does it matter if her employer applies for my H4 at the same time as her H1B?
>>> Your status will get converted to H4 almost the same time her H1B gets approved. The process it easy as the employer will take care of both H1B as well as the H4. And most important, yu won't go out of status just waiting for her H1B to get approved.

- When I apply, my H1B will end as soon as my H4 is approved or as soon as I file for it?
>>> Once you file for your H4 and you receive your receipt notice, you can stop working. Or alternatively, you can work until the H4 get approved. Once the H4 is approved, you cannot work.

- Also, will my employer be notified by USCIS regarding this that I have converted my H1B to H4? Because I still have 2-years left on my H1B, so just wanted to know how do they keep track of it (so that if I apply for the H1B in future I want those 2-years left!).
>>> No, your employer will not know until you tell them.

[cooljaz]

So, how does it matter if her employer applies for my H4 at the same time as her H1B?
>>> Your status will get converted to H4 almost the same time her H1B gets approved. The process it easy as the employer will take care of both H1B as well as the H4. And most important, yu won't go out of status just waiting for her H1B to get approved.

- When I apply, my H1B will end as soon as my H4 is approved or as soon as I file for it?
>>> Once you file for your H4 and you receive your receipt notice, you can stop working. Or alternatively, you can work until the H4 get approved. Once the H4 is approved, you cannot work.

- Also, will my employer be notified by USCIS regarding this that I have converted my H1B to H4? Because I still have 2-years left on my H1B, so just wanted to know how do they keep track of it (so that if I apply for the H1B in future I want those 2-years left!).
>>> No, your employer will not know until you tell them.

Thanks a lot for all your replies.