H1 to H4 questions

S

sumesh11

Registered Users (C)
We both are on H1B currently and working in US. We are going to India in May 09 to get married. She is going to quit her job before leaving US in May.

Should we first get married in US and get her on H4 in US and then go to India?
If we apply her H4 in USA itself how much time does it take to convert from H1 to H4?

Or we both should we come back to USA on H1 and then convert it to H4?

My 3rd yr of H1B is expires in Oct 09 and I will be renewing it soon. Will there be any advantage if we change her H1 to H4 before or after my renewal.

Thank you.
 
sumesh11 said:
We both are on H1B currently and working in US. We are going to India in May 09 to get married.
She is going to quit her job before leaving US in May.

Should we first get married in US and get her on H4 in US and then go to India?
----------------- you can get married in US or in India.
If we apply her H4 in USA itself how much time does it take to convert from H1 to H4?
--------------------- H1 to H4 Change of status may take 3-5 months.
Or we both should we come back to USA on H1 and then convert it to H4?
-----------------She can do that. (but USCIS may ask about her H1 status, better she get 1-2 pay stub and then file H1 to H4 COS in US)
My 3rd yr of H1B is expires in Oct 09 and I will be renewing it soon. Will there be any advantage if we change her H1 to H4 before or after my renewal.
---------------For H1 to H4 you should be married, if get married and she is on H1 and is in US then she can file H1 to H4 COS in US. If she goes out then she will need H4 visa stamp based on your H1 status.
Thank you.
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sumesh11 said:
Should we first get married in US and get her on H4 in US and then go to India?
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THis is the worst option in terms of money and time because you have to pay the fee for change of status and then you have to pay for H4 visa at the US consulate. Needless to say, you have to wait for H4 approval in the US and the appointment at the US consulate.
Or we both should we come back to USA on H1 and then convert it to H4?
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This is the better option for time, but not for money. Cost is $300.

The 3rd option is just travelling and getting H4 stamp. This is the best for money, not for time as appointment takes some time.
Cost will be prolly about $100(I don't know how much Indian has to pay).
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Hi,

My question is to Administrator,please help me on that.
My wife is on H1 but not working now.We want to apply for herand my son's H4.

Her employer told her that he is not able to give her project because of current market.

1.In above case can I file her H4 here or in India.
1.1} If I file her H4 here and USCIS asked current payslip she don't have now.
2.Our son is dependent on her right now.
3.Can my wife and son's stay is legal in US.


Please help me on this.
Thanks in advance.
 
Apurva11 said:
Hi,

My question is to Administrator,please help me on that
-------------------- Wait for Administrator reply.
My wife is on H1 but not working now.We want to apply for herand my son's H4.

Her employer told her that he is not able to give her project because of current market.

1.In above case can I file her H4 here or in India.
-----------------if you are on H1 then she can file H1 to H4 Change of status.
1.1} If I file her H4 here and USCIS asked current payslip she don't have now.
------------------if she does not have pay stubs she is out of status and USCIS may not approve her COS.
2.Our son is dependent on her right now.
---------if you are on H1 then you son is also dependent on your status.
3.Can my wife and son's stay is legal in US.
-----------------She seems to be out of Status.

Please help me on this.
Thanks in advance.
Click to expand...

what is your Status in US??
if you are on H1 then let your wife son go out of US get H4 visa stamps and enter US on H4 status.
 
Thanks for your reply ginnu.
My wife is on H1 but now not working.She is planning to go to india in may 2009.
is it ok if she will go in June and get h4 in India?
Please help me on the same.
out of status means not legal to stay in US?
 
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