H1 to H4 Change of Status

[easterbunny]

Hi Rajiv,
Your forum has always answered my questions. But i couldn't find it for the current mess I am in.
Long story is narrated below. My original question is, if I am out of Status from H1B and want to go to H4 status (dependent on my husband's H1B ), Can I apply for Change of status (COS) ? Do I need 2 months Paystubs to do that ?
Can I go to Canada (not my home country India) to get it stamped ?

My story:

I got H1B visa in Oct 2008 quota. As the employer changed the company i had to transfer it to some other employer. I got approval in end of December 08
Due to market conditions,I wasn't lucky enough to secure a job for myself.

I waited for couple months and then mutually me and my employer decided that i should convert back to H4 .

Now My Husband's H1B was expired on 30 Nov 08 for which his employer had applied for extention.
That approval was received by the company in First week of March.

My H1B was terminated at around Feb 28th 09. then we started the process of COS for H4.
But now I am worried that I am out of status for a month. It is 6th April 09.
and USCIS will deny my application.

I have three options:
Go to India and get it stamped.
Go to Canada and get it stamped
Apply for Change of status.

Can you suggest me what will be the pros and cons in each of those?

 

[ginnu]

Hi Rajiv,
Your forum has always answered my questions. But i couldn't find it for the current mess I am in.
Long story is narrated below. My original question is, if I am out of Status from H1B and want to go to H4 status (dependent on my husband's H1B ), Can I apply for Change of status (COS) ? Do I need 2 months Paystubs to do that ?
Can I go to Canada (not my home country India) to get it stamped ?

My story:

I got H1B visa in Oct 2008 quota. As the employer changed the company i had to transfer it to some other employer. I got approval in end of December 08
Due to market conditions,I wasn't lucky enough to secure a job for myself.

I waited for couple months and then mutually me and my employer decided that i should convert back to H4 .

Now My Husband's H1B was expired on 30 Nov 08 for which his employer had applied for extention.
That approval was received by the company in First week of March.

My H1B was terminated at around Feb 28th 09. then we started the process of COS for H4.
But now I am worried that I am out of status for a month. It is 6th April 09.
and USCIS will deny my application.

I have three options:
Go to India and get it stamped.
Go to Canada and get it stamped
Apply for Change of status.

Can you suggest me what will be the pros and cons in each of those?

Go to India and get it stamped. take your H1 to H4 COS filing reciept with you and show if asked by US consulate.

 

[atewani]

hi ginnu
wanted to check with you if you found answer to your question. We have a similar situation as you for my wife and I want to change her status from h1 to h4.
1) Can I get a COS done while being in US? Do I need to go out of US and re-enter US?
2) Do I need to go to India and get COS done?
If you can reply to me at k_sidharth@yahoo.co.uk, it will be gr8

thanks
Sidharth

 

[ginnu]

hi ginnu
wanted to check with you if you found answer to your question.
-----------------I have NOT posted any Question.
We have a similar situation as you for my wife and I want to change her status from h1 to h4.
------------------------You are not in similar situation as mine you may be in similar citiuation of OP.
1) Can I get a COS done while being in US? Do I need to go out of US and re-enter US?
--------------------Yes if you are on valid status.
2) Do I need to go to India and get COS done?
---------------for COS you file COS with USCIS.
If you can reply to me at k_sidharth@yahoo.co.uk, it will be gr8

thanks
Sidharth

for more info talk to your lawyer or write your full details.