Confused with H1 to H4 conversion...

S

sheish27

New Member
Hi,

Below is our family situation:

- I am on H1B with I140 approved towards my GC and I am on 3year H1B extension.
- My wife is working on H1B and her employer has decided to not apply for here PERM app. Her 6 years of H1B is expiring on April 2nd 2009. So, she has just ~2months of valid US stay. She is still working for the employer and waiting for her H1 to run out of time.
- Now, we want to file for H4 for my wife to start on April 2nd 2009. So, here are our concerns/questions:
1) Is this an ok step? will my h1B status which is based on my approved I140 is ok for such H4 application as it is an intent to immigrate?
2) After a successful H4, can we apply for her H1 again after an year of stay outside of US provided we find an employer who would do that after an year?

Please let me know if we are missing any thoughts here.
 
sheish27 said:
Hi,

Below is our family situation:

- I am on H1B with I140 approved towards my GC and I am on 3year H1B extension.
- My wife is working on H1B and her employer has decided to not apply for here PERM app. Her 6 years of H1B is expiring on April 2nd 2009. So, she has just ~2months of valid US stay. She is still working for the employer and waiting for her H1 to run out of time.
- Now, we want to file for H4 for my wife to start on April 2nd 2009.
------------------------------She should file H1 to H4 change of Status BEFORE her H1 based I-94 gets expired. if she file H4 AFTER her I-94 expiry then USCIS is not going to approve her H1 to H4 COS.
So, here are our concerns/questions:
1) Is this an ok step? will my h1B status which is based on my approved I140 is ok for such H4 application as it is an intent to immigrate?
--------------------------she can file H1 to H4 change of status as she is your spouse and will get H4 till your H1 status.H1 and H4 are dual intent .
2) After a successful H4, can we apply for her H1 again after an year of stay outside of US provided we find an employer who would do that after an year?
------------------if she is going to stay out of US for 1 year then again US employer can file H1 for her.
Please let me know if we are missing any thoughts here.
Click to expand...

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hello ginnu
how long does an application of h-4 take to approved? I amkinda same situation here. I am in H-1. If i have to convert to H-4 for personal reasons, when should i apply and when should i stop working?
thanks
 
I have another question.

I understand that the procedure is to apply for the dependent visa with USCIS and wait for the case decision. On the other hand, can we go to one of the US Consulates at Canada/Mexico and get the dependent visa stamped in the passport and re-enter US?

Thanks for your advise and information.
 
bhoosandy said:
hello ginnu
how long does an application of h-4 take to approved?
------------- If you mean H1 to H4 Change of status approval then it may take 3-4 months for approval from the date you file COS with USCIS .
I amkinda same situation here. I am in H-1. If i have to convert to H-4 for personal reasons, when should i apply and when should i stop working?

--------------- if your Spouse is on H1 then you can file H1 to H4 COS any day OR you should file before your H1 baed I-94 gets expired, you can stop work the day your petition for COS reach USCIS.
thanks
Click to expand...
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sheish27 said:
I have another question.

I understand that the procedure is to apply for the dependent visa with USCIS and wait for the case decision.
--------you dont file VISA with USCIS. Visa is under DOS not under USCIS. one files the Petition with USCIS.

On the other hand, can we go to one of the US Consulates at Canada/Mexico and get the dependent visa stamped in the passport and re-enter US?
---------------- can do that but if Visa stamp is rejected one should go to home country direct from Canada/Mexico.
Thanks for your advise and information.
Click to expand...
---------------------
 
sheish27,

You may have another option. Find another employer for your wife who is willing to file PERM and then 140. Transfer her H1 and try to recapture all the time she has spent outside US like on vacations. At same time file PERM. You may get lucky if both PERM and 140 get approved before her 6 years plus any recaptured time run out. Just a thought.
 
Thanks Ginnu for your inputs.

Thanks EricS. We tried all of possible cases and it seems it is too little a time to get this done in this economic situation.

I have one other question around this topic, but its a little off-topic though.

So, my spouse's h1b is expiring on April 2nd, and her employer is planning to lay her off couple of weeks before the h1b expires and give her some 4months severance package. So, the question I have is will she be eligible to receive pay even when she has no more h1b time and moreover when she has moved over to h4?
 
Hi,

Can any one answer may queries?
My wife is on H1 but not working now.We want to apply for herand my son's H4.

Her employer told her that he is not able to give her project because of current market.

1.In above case can I file her H4 here or in India.
1.1 If I file her H4 here and USCIS asked current payslip she don't have now.
2.Our son is dependent on her right now.
3.Can my wife and son's stay is legal in US.


Please help me on this.
Thanks in advance.
 
sheish27 said:
Thanks Ginnu for your inputs.

Thanks EricS. We tried all of possible cases and it seems it is too little a time to get this done in this economic situation.

I have one other question around this topic, but its a little off-topic though.

So, my spouse's h1b is expiring on April 2nd, and her employer is planning to lay her off couple of weeks before the h1b expires and give her some 4months severance package. So, the question I have is will she be eligible to receive pay even when she has no more h1b time and moreover when she has moved over to h4?
Click to expand...

IMO, she is not eligible to receive pay once H1 expires. The problem is not the paycheck, it is the pay period. She may still receive a paycheck at a later date that is for the pay period during her H1. See if the employer can make a onetime payment. There may be some special provisions in this case but I do not know.
 
Apurva11 said:
Hi,

Can any one answer may queries?
My wife is on H1 but not working now.We want to apply for herand my son's H4.

Her employer told her that he is not able to give her project because of current market.

1.In above case can I file her H4 here or in India.
1.1 If I file her H4 here and USCIS asked current payslip she don't have now.
2.Our son is dependent on her right now.
3.Can my wife and son's stay is legal in US.


Please help me on this.
Thanks in advance.
Click to expand...

I assume you are also on H1.

>1.In above case can I file her H4 here or in India.
You can file while in the US

>1.1 If I file her H4 here and USCIS asked current payslip she don't have now.
That would be your payslip, not her.

>2.Our son is dependent on her right now.
IMO, H4 is H4, if your son already has a H4, you do not need to reapply for that. Confirm this one with your attorney though.

> 3.Can my wife and son's stay is legal in US.
Yes. Your son's stay is legal as you also have a H1. Your wife's stay so far is legal but if her H1 gets revoked by the employer before you apply H4, then there could be an issue.
 
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