I am on H1B Visa and my first 3 year term is expiring on Jan 10 2010; so my H1 is due for renewal at Jan 10 2010. I got my labor and I-140 approved about one year back. My wife is on H1B visa too and she is working fulltime.
Here are my questions and concerns:
1. If I apply for Change of status (COS) from H1 to H4 on my wife, is it required to submit my paystubs to uscis? I know that I have to submit my wife’s paystubs but do I need to submit my paystubs also? If yes then how many?
2. If I come on H4 then will be GC process will still be valid or it will be cancelled, because I came on H4 which is like H1 immigrant visa? Can u send me the link for list of documents that I need to send usics for COS from H1 to H4?
3. If I apply for (COS) from H1 to F1 student visa, is it required to submit my paystubs to uscis? If yes then how many? Can u send me the link for list of documents that I need to send to uscis for COS from H1 to F1?
4. If I come on F1 then will be GC process will be cancelled or it will still be valid, because F1 is a non immigrant visa?
5. Also can I apply for multiple visas together, meaning can I apply for H1 renewal and H4 visa together? If yes then, if I get approval for both then how will I know that what visa I am on H1b or H4?
6. If I apply for H4 visa now in July 2009 and I get approval let’s say in September 2009. Then will my H1B visa will still be valid so that I can apply for extension in Jan 2010 or it will be cancelled automatically?
7. If I apply for H1 renewal and I get query (RFE) in H1b renewal or transfer. So at that time can I apply for COS to H4 while my H1 renewal or transfer is under query but my 1-94 is not expired? Will I get I-94 if my H4 is approved or no?
8. If I apply for H1b renewal and H4 both before my I-94 expires and both get approved then I will get 1-94 for both and I don’t have to leave country. Please tell me if this is correct?
9. If my H1B renewal petition is pending and my 1-94 expired then can I apply for COS to H4 or no? If yes will I get I-94 if my H4 is approved or no?
10. If someone is on H1B and is not working for 2-3 months, will he be considered out of status or not? Even though he is on valid H1B visa?
11. Can u send the link for list of documents that I need to send uscis for H1B renewal or transfer?
12. Please advise me when the best time for me to apply for H1B renewal or latest by when I can apply for H1B renewal as by H1B expiring on Jan 10 2010?
13. The following I read this in murthy.com today. Please correct me if I am wrong; does this mean that even if I go on H4 visa now and I want to apply for H1 visa later or next year. Then I can apply for new H1B any time next year without been subject to H1B quota/cap as I was on H1b visa before and already have my labor and I-140 approved?
H1B workers in the following situations are not subject to the annual H1B quota / cap:
Murhty.com
•One who has been in H status at any time in the past, who did not use the entire 6 years or who is eligible for an extension beyond the 6 years based on a labor certification (LC) or an approved I-140 Petition, even if s/he is not in the U.S. at the time of filing the H petition.
Here are my questions and concerns:
1. If I apply for Change of status (COS) from H1 to H4 on my wife, is it required to submit my paystubs to uscis? I know that I have to submit my wife’s paystubs but do I need to submit my paystubs also? If yes then how many?
2. If I come on H4 then will be GC process will still be valid or it will be cancelled, because I came on H4 which is like H1 immigrant visa? Can u send me the link for list of documents that I need to send usics for COS from H1 to H4?
3. If I apply for (COS) from H1 to F1 student visa, is it required to submit my paystubs to uscis? If yes then how many? Can u send me the link for list of documents that I need to send to uscis for COS from H1 to F1?
4. If I come on F1 then will be GC process will be cancelled or it will still be valid, because F1 is a non immigrant visa?
5. Also can I apply for multiple visas together, meaning can I apply for H1 renewal and H4 visa together? If yes then, if I get approval for both then how will I know that what visa I am on H1b or H4?
6. If I apply for H4 visa now in July 2009 and I get approval let’s say in September 2009. Then will my H1B visa will still be valid so that I can apply for extension in Jan 2010 or it will be cancelled automatically?
7. If I apply for H1 renewal and I get query (RFE) in H1b renewal or transfer. So at that time can I apply for COS to H4 while my H1 renewal or transfer is under query but my 1-94 is not expired? Will I get I-94 if my H4 is approved or no?
8. If I apply for H1b renewal and H4 both before my I-94 expires and both get approved then I will get 1-94 for both and I don’t have to leave country. Please tell me if this is correct?
9. If my H1B renewal petition is pending and my 1-94 expired then can I apply for COS to H4 or no? If yes will I get I-94 if my H4 is approved or no?
10. If someone is on H1B and is not working for 2-3 months, will he be considered out of status or not? Even though he is on valid H1B visa?
11. Can u send the link for list of documents that I need to send uscis for H1B renewal or transfer?
12. Please advise me when the best time for me to apply for H1B renewal or latest by when I can apply for H1B renewal as by H1B expiring on Jan 10 2010?
13. The following I read this in murthy.com today. Please correct me if I am wrong; does this mean that even if I go on H4 visa now and I want to apply for H1 visa later or next year. Then I can apply for new H1B any time next year without been subject to H1B quota/cap as I was on H1b visa before and already have my labor and I-140 approved?
H1B workers in the following situations are not subject to the annual H1B quota / cap:
Murhty.com
•One who has been in H status at any time in the past, who did not use the entire 6 years or who is eligible for an extension beyond the 6 years based on a labor certification (LC) or an approved I-140 Petition, even if s/he is not in the U.S. at the time of filing the H petition.