What are the steps involved in switching from an H-1B to an H-4?

A

aruiz

New Member
My last day on the job was Friday last week, and now I need to get an H-4 (my wife is an H-1B visa holder). I\'m not sure the order of the steps needed to change my status. I was told that my company should file with INS about me not working with them anymore, but when should my lawyer file the change of status to H-4? Should both steps be done simultaneously or can there be a delay between the two!? Please advise. Thanks in advance.
 
No Title

apply immediatly. Otherwise INS won\'t approve your change of status.
You need latest pay stubs to file H1B to H4.
 
Yes, but what should be done first?

Should the company inform INS that I don\'t work for them any longer before I have my lawyer file for the H-4?
Or should both processes be done simultaneously???
I haven\'t received my latest paystub, and I will be receiving a commission check by next month.
Please clarify the order of the steps.
Thank you.
 
Just file the I-539

Whether your previous employer cancels the H-1 or not and when, and even if and when they pay you, is not relevent. You are not working so you are not properly maintaining your H-1 status.

These questions should really be addressed by your attorney.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
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