GURUS - Please advice **URGENT**

S

sangekumar

New Member
GURUS,

I need your advice. My h1 is expiring in August. I can't extend my h1 right now. I booked an appointment for h4 stamping (India). My spouse's 485 application reached on July 2nd. My questions are:

1. Our application reached on July 2nd. Is that mean i am on Adjustment of Status and no need to get H4 stamping?

OR

2. If we receive the receipt no., is that mean i am on AOS and no need to get H4 stamping?

Thanks in advance,
Sangeeta
 
Sangeetha,

First of all, If you are on AOS it does not mean you dont need H1/H4 Visa. Unless and until you have your EAD, you will need to be on either H1 or H4 visa. And if you intend to travel, then you will need Advanced Parole.

Considering your situation, Regardless of your spouse's 485 reached USCIS on July 2nd, whether you got receipt number or not, you are better off either to get your H1 extended or convert to H4. If for personal reasons you cant extend your H1, then you should get your H4 stamping at the earliest, before your H1 expires if possible. Otherwise, in August you will become out-of-status. If you get your EAD or Advanced Parole before your H1 expires, then you will be safe. But that possibility is minimal.

I have applied on July 2nd as well. Awaiting receipt number. It will take longer times now for each step to go through. H1/H4 is a safer bet.
 
your options are as follows:

If you are currently in US, then apply for a status conversion from H1 to H4(I suggest that you do not leave US until you get your Advance parole-if you leave before your Advance parle is approved, then you will be abandoning your adjustment of status petition)

If you are currently outside US, then I believe you can go to the US consulate for H4 stamping once you get th H4 papers from USCIS.

Talk to your lawyer about your condition.

IQ
 
correction to the reply-if you are outside US currently, you will need a copy of your husband's H1 approval to take to the Consulate.

IQ
 
I am in US. How to apply H1 to H4 transfer from here? Is there any website from which i can get some info?

Thanks
Sangeeta
 
sangekumar said:
I am in US. How to apply H1 to H4 transfer from here? Is there any website from which i can get some info?
Click to expand...

You can file an I-539.

But if the I-485 is filed, I would not do anything. You can get an H-4 stamp next time you are in your home country, and return on it if you wish, assuming you are not using your EAD.
 
To convert from H1 to H4-you can go to www.uscis.gov website and download form I-539 and fill it in and attach supporting documents(copy of your husband's H1 approval among others) and file it with the required fee. this process is very simple and I-539 is also easy to fill out. Alternatively you can also go through an attorney and he will direct you through this process if you are not fully comfortable doing this by yourself. since you filed for adjustment of status, it is probably ok not to file for H4, but if you do this you lose your H status after the expiration of your current H1 status. If your green card is approved, then you will not have any problem if you do this. But however if the 485/green card application is denied, then you will be out of status if you are not on H4 or H1 status. So converting from H1 to a H4 status will be a safer option for you while you are waiting on the I-485 approval and I would recommend the later approach.

disclaimer: I am not an attorney and you should consider consulting an attorney before you act on the above information

IQ
 
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