H1 to H4 advice for my wife?

[nmahesh]

H1 to H4 advice for spouse?


Hello All,

My wife is currently on H1. We both have valid H1 visa stamped (and I94) until Apr 2006 and we both complete 6 years in Nov 2006. My company had filed my LC (old process) in Nov 2003. They are currently planning to file a second application (as PERM) next month. My wife does not have any pending applications for Green Card yet. She is not well and needs to quit her job and stay at home. So, we are looking at her resigning from her current job.

1. What is the process to convert her H1 to H4? Does she need to go back to India to get her H4 visa?

2. If she gets on H4 and if I need to extend my H1 after 6 years, can she also extend her H4 without issues?

3. If she goes on H4, I am planning to add her to the GC process when filing for 485 (which may be few years down, though). Would there be any problems or complications?

4. Is there anything that I should be concerned about?

I will appreciate any responses from you.

Thanks very much for your time,
Mak

 

[ginnu]

Hello All,

My wife is currently on H1. We both have valid H1 visa stamped (and I94) until Apr 2006 and we both complete 6 years in Nov 2006. My company had filed my LC (old process) in Nov 2003. They are currently planning to file a second application (as PERM) next month. My wife does not have any pending applications for Green Card yet. She is not well and needs to quit her job and stay at home. So, we are looking at her resigning from her current job.

1. What is the process to convert her H1 to H4? Does she need to go back to India to get her H4 visa?
--------------- she does not need to go back to India, file her H1 to H4 CHANGE OF STATUS with form I-539 with USCIS, once approved she will get H4 approval notice with I-94 attached(I-94 will be valid till YOUR H1 Nov,2006) once you file 7th year H1 extension then also file her H4 extension.
if she goes out of US then she needs H4 visa stamp to reenter US.
2. If she gets on H4 and if I need to extend my H1 after 6 years, can she also extend her H4 without issues?
-------------yes
3. If she goes on H4, I am planning to add her to the GC process when filing for 485 (which may be few years down, though). Would there be any problems or complications?
-----------no, as she will be on valid H4 status at the time of I-485 filing
4. Is there anything that I should be concerned about?
---------------- dont file H1 to H4 directly take help of good lawyer
I will appreciate any responses from you.

Thanks very much for your time,
Mak

 

[nmahesh]

Follow up?

Thanks Ginnu for your reply. I have a quick follow-up question.

Should my wife wait till the Change of Status is processed and the new I-94 received before resigning from the current job? Or can she apply for the change of status and then resign immediately?

Thanks again,
Mak

 

[ginnu]

Thanks Ginnu for your reply. I have a quick follow-up question.

Should my wife wait till the Change of Status is processed and the new I-94 received before resigning from the current job?

Or can she apply for the change of status and then resign immediately?
----------------once she gets H1 to H4 filing reciept she can resign or wait for COS to be approved( keep cheking online status with her reciept# the day H4 gets approved she is not supposed to work)
Thanks again,
Mak