Change of Status COS B1 to H4

S

space567

New Member
Hi,

I have come to US on B1 visa on May 4th 2011. I got married in US on May 23rd 2011 to the person who is on H1B. I came to US on business purpose and I got to meet my husband in the same office and we decided to get married. I am visiting US for the second time. My earlier visit was in 2006 for four months.

Can I apply for change of status from B1 to H4 now using I-539 form? Please let me know the documents required.

Thanks & regards,
Savi
 
You can apply if you have time left on your I-94. File I-539 and include copy of marriage certificate, your husband's H1 approval notice copy and a copy of his I-94.
 
nkm-oct23 said:
You can apply if you have time left on your I-94. File I-539 and include copy of marriage certificate, your husband's H1 approval notice copy and a copy of his I-94.
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Thank you very much for your quick reply. I read on a forum about 30/60/90 days rule for Adjustment of Status (AOS). I hope the rule is not applicable in my case. Is it fine that I apply for change of status immediately?
 
It will be wise to still wait it out if you can before submitting COS. Better still would be to leave and re-enter on an H-4 visa.

space567 said:
Thank you very much for your quick reply. I read on a forum about 30/60/90 days rule for Adjustment of Status (AOS). I hope the rule is not applicable in my case. Is it fine that I apply for change of status immediately?
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Entering on B1 and getting married less than a month later could be a really big issue. Leave, serve your notice with your company, get H4 stamping and return.

Besides US immigration, your employer sent you on business, and it is unfair for you to leave him without fulfilling your obligations.
 
Concerned4us said:
Entering on B1 and getting married less than a month later could be a really big issue. Leave, serve your notice with your company, get H4 stamping and return.

Besides US immigration, your employer sent you on business, and it is unfair for you to leave him without fulfilling your obligations.
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Thank you for your reply. My husband on H1 is working for the same client. I came to on B1 for the same client. My employer is fine and does not have any problem staying in US. I would like to change the status to H4 in US itself rather than going through immigration process again in home country. Please advise.
 
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