Help Please Urgent

tinci

Registered Users (C)
I am changing from J1to H1, my husband from J2 -H4.
He was working on J2/EAD
Does he have to submit all EAD and places of work with I 539?
Thanks
 
J2 to H4/H1

tinci said:
I am changing from J1to H1, my husband from J2 -H4.
He was working on J2/EAD
Does he have to submit all EAD and places of work with I 539?
Thanks
i think you don't need to submit these papers.

why does he have to switch from J2 to H4. his current employer (on J2 EAD) can submit H1 papers for him and he can go from J2 to H1 without need for H4.
 
thanks

We are moving to anther State, he will look for a job and go on either H1 or TN visa
 
j1victim,

wouldn't J2 spouse be subject to h1 quota?

tinci,

It looks like you're Canadian Citizen. Why are you thinking of submitting I-539?
 
tinci,

I'm not sure where you are and where will you be.... but you can get the status changed at the border entry into USA. And your spouse does not have to apply for H4. Just take your h1 approval and they will give H4s to all your family.

What did your lawyer say how long it takes to get I-539 approved? What do you get after I-539 approval, new I-94?
 
H4 spouse also needs to apply for COS

m_img said:
.. And your spouse does not have to apply for H4. Just take your h1 approval and they will give H4s to all your family.
WRONG. change of dependent spouse to H4 approval is NEVER automatic. you have to file the petition.
if you go into H1 forum, you wil find so many ppl getting into trouble as they didn't file for H4 for their spouse and suddenly they find that the spouse has been out of status for a long time.
m_img said:
.. wouldn't J2 spouse be subject to h1 quota?
J2 to H4 .... no. it is dependent upon principal H1's quota rules
J2 to H1 ... all the conditions for a typical H1 will apply including the quota.
.
 
j1vitim,

I was not suggesting that donot COS to H4. All I was saying is that this could be done at the border instead of submitting all the paperwork while staying in USA.
 
J2 to H4 petition/visa stamping ...

m_img said:
... I was not suggesting that donot COS to H4. All I was saying is that this could be done at the border instead of submitting all the paperwork while staying in USA.
to clarify further, the critical step is

>>>> If the dependent is already in the US on any visa, then one needs to file an H4 petition with the USCIS for extension/change of status. Once the petition is approved for H4, then
- you may go to a US consulate abroad for H4 visa stamping or
- you may continue to reside in the US, if you had asked for COS in your H4 petition (in this case, you get a new I-94, but the number on new I-94 is same as the old I-94)

>>>> if the dependent is outside the US, then one need to apply directly to a US consulate for H4 visa stamp.
.
 
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