H1 to H4 Change of status

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freephoneid

Registered Users (C)
Hi,
I'm on H1 visa & I need to apply for change of status from H1 to H4 within USA. My last day with my employer is 27-Mar-09.

Would it be ok if I submit the documents for change of status on 3-Apr-09?

Thanks!
 
freephoneid said:
Hi,
I'm on H1 visa & I need to apply for change of status from H1 to H4 within USA. My last day with my employer is 27-Mar-09.

Would it be ok if I submit the documents for change of status on 3-Apr-09?

Thanks!
Click to expand...

till what date is your I-94 validity?
is your H1 employer going to revoke H1 by writing to USCIS.
why you need to wait till April 3-2009?
if your last day with employer is 27-Mar-09 why not to send COS on 26 or27 March?
 
Hi,
Thanks for your reply!!! My I94 is valid till 2011. Employer will revoke petition after 1 month. The reason I'm watiing is to get a pay stub so that I can send it with the change of status application. I know that the paystub is not required but I really don't want to take any chances & hence I need to send 1 paystub along with it.

Can u tell me now if its ok to submit 1 week later, since usually it takes 1 week time for paystub to get generated?

Thanks!
 
freephoneid said:
Hi,
Thanks for your reply!!! My I94 is valid till 2011. Employer will revoke petition after 1 month. The reason I'm watiing is to get a pay stub so that I can send it with the change of status application. I know that the paystub is not required but I really don't want to take any chances & hence I need to send 1 paystub along with it.

Can u tell me now if its ok to submit 1 week later, since usually it takes 1 week time for paystub to get generated?
stubs.
Thanks!
Click to expand...
I will mail COS Petition on 26 or 27th . If USCIS ask for pay stubs then you can provide later.USCIS may not ask for your latest Pay stub if you got paid in past. for more info you can talk to your spouse company lawyer or your present company lawyer.
 
Hi Ginnu,
Thanks again for your reply!!! I'm going to submit it online. So, as u said, if I submit the application on 29-Mar-09 (I hope saturday & sunday is considered as non-working day & hence, it should be find to submit the application online on Sunday), then would it be ok?

Also, can I wait for 1 week to send the supporting documents since by that time, I'll collect this paystub & send it along with all other supporting documents. The reason I want to send paystub now is because I really want to get approval in 1 shot. I'll be getting new I-94 valid only till Sep 09 (since spouse h1 petition is only till Sep-09) & hence I'll have to apply for extension again as soon as I get this approval.

Please let me know when I'll e-file the application on Sunday, can I submit the supporting documents after 1 week? I called USCIS & they said the timeframe is not mentioned & that we just need to send it asap but I need to know how soon can I send the documents? Can I wait for 1 week? Also, can you provide me the sample cover letter???

Thanks in Advance!
 
freephoneid said:
Hi Ginnu,
Thanks again for your reply!!! I'm going to submit it online. So, as u said, if I submit the application on 29-Mar-09 (I hope saturday & sunday is considered as non-working day & hence, it should be find to submit the application online on Sunday), then would it be ok?

Also, can I wait for 1 week to send the supporting documents since by that time, I'll collect this paystub & send it along with all other supporting documents. The reason I want to send paystub now is because I really want to get approval in 1 shot. I'll be getting new I-94 valid only till Sep 09 (since spouse h1 petition is only till Sep-09) & hence I'll have to apply for extension again as soon as I get this approval.

Please let me know when I'll e-file the application on Sunday, can I submit the supporting documents after 1 week? I called USCIS & they said the timeframe is not mentioned & that we just need to send it asap but I need to know how soon can I send the documents? Can I wait for 1 week? Also, can you provide me the sample cover letter???

Thanks in Advance!
Click to expand...

Best option is to paper file form I-539 with all required documents and USCIS Fee.
 
Hi Ginnu,
Thanks again for the reply. Can you please help me in filling below questions in form I-539?
I came in US on 5-Jun-2006 on L2 visa & then changed status to H4 after 6 months & then applied for H1 & started working & now I'm on H1 & now I want to go back to H4. I never left the US during these change of status from L2 --> H4 --> H1

The Part 3 of form I-539 is asking below questions:
1. I/We request that my/our current or requested status be extended until***** (mm/dd/yyyy): __________

Here, actually, I'm applying for change of status & not extension. Should I write N/A or the I-94 expiry date of my spouse's H1 petition?

2. Is this application based on an extension or change of status already granted to your spouse, child, or parent?

Here, should I say Yes or No??

3. Is this application based on a separate petition or application to give your spouse,*child, or parent an extension or change of status?

Here, should I say Yes or No?

I would really appreciate if you can help me, Ginnu!!!

Thanks again in Advance!!!

Regards!
 
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