Change status on H4 without stamping

Goldfishka

New Member
Hi All,
Actually I am looking for good attorney to handle my problem.
I had L2, my husband had L1. While I was working on L2, company opened H1 for me (my first H1).
Our L1, L2 expired on Aug, 5 2009. Our family was in USA with 2 little kids (USA citizens) and 2 adult kids under 18 (Russian citizens).
To avoid traveling in Russia, attorney applied on changing status from L to B visas for whole family because we have 2 little kids (one was just 3months). It was done Aug, 3 2009. On Sep, 5 2009 we received respond with denial because B visa is for pleasure and we should show we are not going to immigrate.
Two weeks after this I left USA to stamp H1 and returned back after Oct, 1. My family was staying in USA. On Sep, 28 2009 attorney applied in motion to reopen and reconsider for changing status from L to B. I didn't realize it is going to take 6-9 months to get respond.
My husband and adult kids now are out of status.
Now attorney's advise is next:
"it seems to me that we should do both – amend the pending MTRR and file a new I-539 change of status for husband and adult kids, asking to change status retroactively."
She means change status to H4 without leaving USA. For me it is very risky and doesn't make sense.
Please advise what to do. Is it possible to change status for them without leaving USA? They are out of status?
 
Hi All,
Actually I am looking for good attorney to handle my problem.

-------------------------you should go to a good attorney with all your and your spouse details.

I had L2, my husband had L1. While I was working on L2, company opened H1 for me (my first H1).
Our L1, L2 expired on Aug, 5 2009. Our family was in USA with 2 little kids (USA citizens) and 2 adult kids under 18 (Russian citizens).
To avoid traveling in Russia, attorney applied on changing status from L to B visas for whole family because we have 2 little kids (one was just 3months). It was done Aug, 3 2009. On Sep, 5 2009 we received respond with denial because B visa is for pleasure and we should show we are not going to immigrate.
Two weeks after this I left USA to stamp H1 and returned back after Oct, 1. My family was staying in USA. On Sep, 28 2009 attorney applied in motion to reopen and reconsider for changing status from L to B. I didn't realize it is going to take 6-9 months to get respond.
My husband and adult kids now are out of status.
Now attorney's advise is next:
"it seems to me that we should do both – amend the pending MTRR and file a new I-539 change of status for husband and adult kids, asking to change status retroactively."
She means change status to H4 without leaving USA. For me it is very risky and doesn't make sense.
Please advise what to do. Is it possible to change status for them without leaving USA? They are out of status?

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