H1 to H4 Change of status

S

SUSHSMITHA

New Member
Hello,

I am currently on H1B with a consulting company and on a project ( client>layer> employer) my project is going to end this month end. I am not planning to apply for H1B extension as my project is ending and my first term 3 years of H1B expires end of FEB 2010.
I am planning to apply for change of status from H1 to H4, but I read in USCIS website that we need to submit change of status application at least 45 days before your stay expires ( I have only 23 more days left for my 1-94 to expire).

-Any ideas about this 45days period?

-Is it better to go to INDIA and do H4 stamping and come back?

- Is there any chance for me to apply change of status from here?

Please advice,
Thanks
 
SUSHSMITHA said:
Hello,

I am currently on H1B with a consulting company and on a project ( client>layer> employer) my project is going to end this month end. I am not planning to apply for H1B extension as my project is ending and my first term 3 years of H1B expires end of FEB 2010.
I am planning to apply for change of status from H1 to H4, but

I read in USCIS website that we need to submit change of status application at least 45 days before your stay expires ( I have only 23 more days left for my 1-94 to expire).
------------------------------provide the link where you read the above.
-Any ideas about this 45days period?
------------------------I have no info.

-Is it better to go to INDIA and do H4 stamping and come back?
--------------------You can do that.

- Is there any chance for me to apply change of status from here?
-------- You can apply H1 to H4 COS with form I-539(if your spouse is on valid H1 status). If confused talk to lawyer.

Please advice,
Thanks
Click to expand...
---------------------------
 
Originally Posted by SUSHSMITHA
Hello,

I am currently on H1B with a consulting company and on a project ( client>layer> employer) my project is going to end this month end. I am not planning to apply for H1B extension as my project is ending and my first term 3 years of H1B expires end of FEB 2010.
I am planning to apply for change of status from H1 to H4, but

I read in USCIS website that we need to submit change of status application at least 45 days before your stay expires ( I have only 23 more days left for my 1-94 to expire).
------------------------------provide the link where you read the above.
------It's in the I-539 istruction pdf, , for some reason the site wouldn't let me paste the link . uscis.gov/files/form/i-539instr.pdf

-Any ideas about this 45days period?
------------------------I have no info.

-Is it better to go to INDIA and do H4 stamping and come back?
--------------------You can do that.

- Is there any chance for me to apply change of status from here?
-------- You can apply H1 to H4 COS with form I-539(if your spouse is on valid H1 status). If confused talk to lawyer.

Please advice,
Thanks
 
SUSHSMITHA said:
Originally Posted by SUSHSMITHA
Hello,

I am currently on H1B with a consulting company and on a project ( client>layer> employer) my project is going to end this month end. I am not planning to apply for H1B extension as my project is ending and my first term 3 years of H1B expires end of FEB 2010.
I am planning to apply for change of status from H1 to H4, but

I read in USCIS website that we need to submit change of status application at least 45 days before your stay expires ( I have only 23 more days left for my 1-94 to expire).
------------------------------provide the link where you read the above.
------It's in the I-539 istruction pdf, , for some reason the site wouldn't let me paste the link . uscis.gov/files/form/i-539instr.pdf

-Any ideas about this 45days period?
------------------------I have no info.

-Is it better to go to INDIA and do H4 stamping and come back?
--------------------You can do that.

- Is there any chance for me to apply change of status from here?
-------- You can apply H1 to H4 COS with form I-539(if your spouse is on valid H1 status). If confused talk to lawyer.

Please advice,
Thanks
Click to expand...

Here is link to Instructions and Form.
Where did you find advance 45 days??
http://www.chatham.edu/academic/documents/I539Instr.pdf
http://ufic.ufl.edu/downloads/iss/i-539.pdf
 
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