Please help on H1 to H4 issue it's very urgent !

A

Apurva11

Registered Users (C)
Hi,

Can anyone help me on following.
My wife is on H1 but not working now.We want to apply for her and my son's H4.I am on H1.

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 H1 right now.He is studing here.
3.Can my wife and son's stay is legal in US?

what is important in current situation ,to apply h4 now or to apply h4 after 4 months from india?
My wife's employer said that they are going to cancel her H1.
he doesn't send any mail or document regarding this.

How much time it will take to cancel H1 for an employer?




Please help me on this.
Thanks in advance
 
I replied to your other simillar post. See that post for repeated questions. For the new question:

> How much time it will take to cancel H1 for an employer?
They just need to send in letter to USCIS. When USCIS acts on it is not important. H1 should be considered canceled once the letter is received by USCIS.
 
Hi

You can apply for your wife H4 from here directly and no need to go to India for applying H1 to H4 and you need not have the pay stubs for her as she is applying for H4. It is general process and takes min 3 to 6months if it premium it will take hardly 2weeks time. I did the same

Thanks
ML
 
h1aspire said:
Hi

You can apply for your wife H4 from here directly and no need to go to India for applying H1 to H4 and you need not have the pay stubs for her as she is applying for H4. It is general process and takes min 3 to 6months if it premium it will take hardly 2weeks time. I did the same

Thanks
ML
Click to expand...

Her H1 to H4 COS may not get approved by USCIS as she is out of status.
 
Hi ginnu,Erics & h1aspire,

Thanks for your help.

One more doubt ginnu,

If I file now for my spouce's H4 so that we will get the receipt that we have change of status.And after 4 months when she will go to India she can file H4.
what is your opinion on above?
 
apurva11 said:
hi ginnu,erics & h1aspire,

thanks for your help.

One more doubt ginnu,

if i file now for my spouce's h4 so that we will get the receipt that we have change of status.
------------------getting receipt is not approval of change of status. She can file h1 to h4 cos with uscis.
And after 4 months when she will go to india she can file h4.
------------------if you are on h1 status then she and your son can get h4 visa stamp from us consulate in india.

What is your opinion on above?
Click to expand...
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