Change of status required?

[SJ2012]

Hi

Currently I am on H1b working at a client site. My assignment is coming to an end this month and I don't plan to work any more after that. We plan to go on vacation in August. I won't be working from April to August . Do I have to apply for change of status(as a H4 dependant of my spouse) before I go or can I go on H1b and come back as H4? If I have to apply for change of status what is the latest date I can apply for it?

Thanks in advance 4 the help.

SJ

[kabkaba]

Yes, you have to apply for change of status. File form I-539. It must be received by USCIS before your last day at work. If there is less than a week remaining for your last day, I will advise efiling the application so that receipt date falls before your last day of work. Search on USCIS website for instructions.
As supporting documentation you will need,
For both you and your spouse,
Copies of passport data pages
Copies of Visa (if any)
Copies of latest I-94 (both sides)
Copies of paystubs (at least last 2 months)
Copy of H1 approval notice
Copy of Marriage certificate

It is also advisable that you should not travel outside the US while I-539 is pending. If you are planning to leave in August, there is sufficient time, as it takes 2 to 3 months for processing.

You can continue working or quit once you receive receipt notice, but once it is approved you must stop working.

[SJ2012]

Thank you so much for the detailed reply

[SJ2012]

Employment based Greencard has been filed for my husband. Do I have to specify this in the I- 539 form while applying for change of status?(There is a question - Are you or any other person in the application has ever filed an immigrant visa?)

Thanks much in advance for the help

[shervin143]

Employment based Greencard - Which stage has been filed?

Employment based Greencard has been filed for my husband. Do I have to specify this in the I- 539 form while applying for change of status?(There is a question - Are you or any other person in the application has ever filed an immigrant visa?)

Thanks much in advance for the help