Change of status from H1 to H4

[Caren]

i am presently on an H1B visa and would like to change it to an H4 status. My H1B visa has not yet been stamped on my passport as I have not left the US yet. I am now planning to go to India in a month and return with a changed status.

1. Do I need to apply for a changeof status in the US? If yes, what is the process? Can you guide me to a link or a site that outlines it?

2. If I go to India, would I need to get my visa restamped there i.e. take an appointment at the consulate, etc.

I appreciate your inputs,

thanks

 

[GotPR?]

1. Do I need to apply for a changeof status in the US? If yes, what is the process? Can you guide me to a link or a site that outlines it?

2. If I go to India, would I need to get my visa restamped there i.e. take an appointment at the consulate, etc.

1) You need to file COS in the US or you can file it out of the US without COS.
If you file COS, application form is I-539. it has instructions too.
You can find it with googling that keyword.

2) If you want to reenter the US as H4 status, you need H4 stamp.

 

[Caren]

H1 to H4

Questions that I have in relation to the US visa process -

1. My wife came into the US on an H4 visa in April 2005. She has since, applied and received an approval for an H1B visa in October 2005. As she has not left the US since then, this H1B visa has not been stamped on her passport. Her passport therfore, continues to reflect the H4 visa. Since she is pregnant with our second child, she plans to revert to the H4 status, which will be derived from my H1B, no details of which have changed. She plans to return to India for her delivery.
a. If she applies for a change of status in the US, does she need to have the H4 visa stamped in India once more?
b. How long would it take before her change of status is confirmed?
c. Can she travel before a notification of the change of status is received?


2. My wife plans to travel to India for the delivery of my second child and plan to return to the US when the baby (due in July) is two months old. I would apply for an H4 visa for the baby on the basis of my H1B visa. Would this baby have to go through the interview process for the visa to be stamped or can we avail of a drop box facility, especially since his/her father, mother and brother all have valid US visas.
My parent's are planning to travel back with my wife to the US, can the baby go with them at the time of their appointment for the US visa stamping?

3. In case the baby is born in the US, but we would like to hold an Indian passport for him/her, what is the process for applying for a visa for the baby?

Thanks

 

[GotPR?]

a. If she applies for a change of status in the US, does she need to have the H4 visa stamped in India once more?

If she has valid H4, she does not need new one.

b. How long would it take before her change of status is confirmed?

No idea

c. Can she travel before a notification of the change of status is received?

If she left the US during COS is pending, she is considered anandoned petition. But in your case, it does not matter if she already has valid H4 stamp. She enter the US with H4 stamp, then she is on H4 status.

 

[puhrince]

In the I-539 form, its mentioned that one needs to submit the I-129 form filed for spouse's H1..but is that a must? Isn't the H1 approval notice enough for this purpose? I am about to file for H1-H4 conversion.