H1 to H4 also applying for I-485 shortly

G

GCDream05

Registered Users (C)
Hi Friends,
I have some questions on H1 to H4 transfer and also need some advice on when should i do it as i am also planning to file I-485.
Info:
1) My self and my wife both are in US and are on H1.
2) My wifes H1 expires on 06/30/2004.
3) My H1 expires in Nov. 2005.
4) I have got I-140 approval notice (thru my company- H1) and am planning to file for I-485 for myself and wife by next week. Will also file for EAD for wife.

Questions:
Because of problems at job, my wife wants to quit and change to H4 dependant on my H1.
1) Which docs, forms we need to submit if we file it on our own?
I read thru forum faqs and understand we need to fill I-539, if correct what additional docs are needed pl. advice.
2) How soon can she quit job after filing I-539 (if thats correct)? Immediately after we get reciept no. or after we get H4 approval notice?
3) If we apply for I-485 next week we fill out form and provide current status as H1 for wife.Information signed and dated as of today. Then after few days we file form I-539 (H1 to H4) would that be an issue.
a) If my company has not yet filed I-485 with INS?
b) If my company has filed I-485 with INS?
4) Or should we file for I-539 first, wait till we get H4 approval and then file for I-485? which would be that my wife has to stay longer with the company and also we delay the GC process.
Please advice.
Thanks,
GCDream05
 
Hi Friends,
I have some questions on H1 to H4 transfer and also need some advice on when should i do it as i am also planning to file I-485.
Info:
1) My self and my wife both are in US and are on H1.
2) My wifes H1 expires on 06/30/2004.
3) My H1 expires in Nov. 2005.
4) I have got I-140 approval notice (thru my company- H1) and am planning to file for I-485 for myself and wife by next week. Will also file for EAD for wife.

Questions:
Because of problems at job, my wife wants to quit and change to H4 dependant on my H1.
1) Which docs, forms we need to submit if we file it on our own?
----- For change of status from H1 to H4 she needs to file Change of status with form I-539, she has to attach her valid I-94 (both the sides) her valid H1 approval notice copy, her passport pages AND your H1 approval notice copy and your valid I-94 copy (front and back) it is better to attach copy of your recent 2-3 pay stubs, USCIS fees $140
I read thru forum faqs and understand we need to fill I-539, if correct what additional docs are needed pl. advice.
-Read above
2) How soon can she quit job after filing I-539 (if thats correct)? Immediately after we get reciept no. or after we get H4 approval notice?
---- They day she gets H4 COS filing receipt
3) If we apply for I-485 next week we fill out form and provide current status as H1 for wife.Information signed and dated as of today. Then after few days we file form I-539 (H1 to H4) would that be an issue.
------ I will first file my I-485, EAD AP and spouse I-485, EAD, AP and later when get all the filing receipts from USCIS for my I-485 filing EAD filing AP filing and spouse I-485 filing, EAD filing AP filing then I will file the H1 to H4 COS with USCIS because at that time your spouse I-485 will be filed and if any problem in COS from H1 to H4 then she will get AOS status once I-485 for her is filed
a) If my company has not yet filed I-485 with INS?
b) If my company has filed I-485 with INS?
4) Or should we file for I-539 first, wait till we get H4 approval and then file for I-485?
----- File the I-485 for both of you first and once get receipts then file H1 to H4 status because H1 to H4 COS approval will take 5-7 months. Why you want to wait filing I-1-485 till that time?
 
Thanks Ginnu for your valuable advice it was very helpful.
Need some more assistance.

I have prepared all the required I-485 documents and will submit them to my company lawyer by Monday. As per my friends cases i learned that the company lawyer takes about a month to actually file the documents with INS and then after another 1-2 weeks time i will recieve the filing receipt notice.

The issue is my wife wants to quit job due to problems at work. And due to the delay caused by lawyer she will have to stick around with her company for 6 weeks more.
OR is it ok that once we submit the forms to my company lawyer with all documents signed and dated as 04/05/04. And then in a weeks time we file I-539 and as soon as we get filing receipt she quits job.
Now say then around 05/01/04 company lawyer actually files our I-485 papers (in which my wife is shown as on H1) is this ok or do you think it might create a problem for us later...

Thanks again for taking the time to help me.

Thanks,
GCDream05
 
Thanks Ginnu for your valuable advice it was very helpful.
Need some more assistance.

I have prepared all the required I-485 documents and will submit them to my company lawyer by Monday. As per my friends cases i learned that the company lawyer takes about a month to actually file the documents with INS and then after another 1-2 week’s time I will receive the filing receipt notice.

The issue is my wife wants to quit job due to problems at work. And due to the delay caused by lawyer she will have to stick around with her company for 6 weeks more.

------ She can apply for leave and still can be on H1 status till she gets I-485 filing receipt. if her employer revokes her H1 petition before her I-485 is filed she will have no status at the time of filing I-485 for her. if you file I-539 now to change her H1 to H4 status before filing I-485 then her H4 COS will be PENDING and she needs to be on status when her I-485 is filed. Let your wife work or take leave and first file I-485 while she has valid status.

OR is it ok that once we submit the forms to my company lawyer with all documents signed and dated as 04/05/04.
----- If you sign 04/05/04 it does not matter. The date USCIS receives your I-485 matter. What is the meaning of signing with earlier date? Do you think if you sign a document today for H1 extension or any petition it has any meaning if not filed? ONLY the date the USCIS receives any petition/application is counted as filing date or receipt date
And then in a weeks time we file I-539 and as soon as we get filing receipt she quits job.
----- Don’t try to mess up first file I-485 then file change of status from H1 to H4 because at the time of filing I-485 you both have to submit copies of your currant I-94 (both the sides) for your current status.

*** if you dont understand what i am saying then please go to your lawyer who is going to file I-485 for both of you or any good lawyer and seek the legal advice
 
Thanks a lot once again Ginnu for your valuable advice and taking the time to go thru my questions. I really appreciate it.

My company lawyer does not respond back and more then that i feel you Gurus at the forum really take the time to understand the case and give proper advice and suggestions. Thanks.

Ginnu, need some further assistance due to the timelines and problems involved:
I-485 docs i am going to submit to my company 04/05/04 Monday.
My company might file I-485 doc to INS in 4-6 weeks.
Wife's H1 expires 06/30/2004.
My wife wants to quit job asap. (hence thinking about H1 to H4)
If we can get someone to do H1 transfer for my wife in 2-3 weeks time would it be any issue with I-485 filing and current status.

Please suggest what should be the correct course of action after i have submitted my I-485 papers to my company on Monday based on the problem and timelines.

Thanks a lot once again for your valuable time. I really appreciate it.

Thanks,
GCDream05
 
Ginnu, need some further assistance due to the timelines and problems involved:
I-485 docs I am going to submit to my company 04/05/04 Monday.
My company might file I-485 doc to INS in 4-6 weeks.
------ Check with lawyer or employer and make sure when they file the I-485, FYI if your employer or lawyer gives you copy of your I-140 approval and employment verification letter. You can go to any lawyer and can file your I-485 in 2 days if you have all the documents ready including medicals. Many lawyers will file second day. If you can get employer letter and copy of I-140 then go to any other lawyer it is not must that you use the company lawyer to file your I-485. I-485 EAD AP filing belongs to YOU not to employer
Wife's H1 expires 06/30/2004.
My wife wants to quit job asap. (Hence thinking about H1 to H4)
If we can get someone to do H1 transfer for my wife in 2-3 weeks time would it be any issue with I-485 filing and current status.
------- I can suggest some one who can file H1 to H4 change of status for your wife in 1 day but she will NOT get COS to H4 approval in 4-7 months AND The problem will be that her change of status from H1 to H4 will be PENDING if you file change to H4 from H1 before you submit your I-485, that is the reason you should file her and your I-485, EAD AP while she has valid status. Why can she take the leave? And after the leave if the I-485 is filed/sent to USCIS then no need to inform her H1 employer and she can stay at home and can be SICK. Do you know what I am saying??? Do you both work with the same employer?????
Please suggest what should be the correct course of action after I have submitted my I-485 papers to my company on Monday based on the problem and timelines.

Thanks a lot once again for your valuable time. I really appreciate it.

*** if her I-485 is submited when she is on H1 and gets I-485 filing reciept if you want no need of H1 to H4 status she will get EAD in 70-90 days if she wants to work with EAD if she wants H4 status because of other reasons then apply H1 to H4 after her I-485 reaches USCIS
 
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