Law Offices of Rajiv S. Khanna, P.C.
What documents for h1 to h4? Please help!
- Thread starter zxl4178
- Start date
My wife's company moved, she needs to transfer her H1 to H4. Can we do it by ourselves or hire a lawyer?
--You can do it
What documents are needed to apply this transferring if we file the petition by ourselves?
1Fill up the form I-539
2Your H1 approval copy to be attached
3Your valid I-94 copy to be attached,
4Your wife Valid H1 and I-94 copy to be attached
5Your wife Passport all the pages that have Name, DOB and US Visa, Entry stamps Pages.
6 Pay the required Fees
Write the on cover cover letter in bold SUB: Change of Status request from H1 to H4 status for (complete name)
Mark the envelop out side Change of Status
mail it to BCIS
--You can do it
What documents are needed to apply this transferring if we file the petition by ourselves?
1Fill up the form I-539
2Your H1 approval copy to be attached
3Your valid I-94 copy to be attached,
4Your wife Valid H1 and I-94 copy to be attached
5Your wife Passport all the pages that have Name, DOB and US Visa, Entry stamps Pages.
6 Pay the required Fees
Write the on cover cover letter in bold SUB: Change of Status request from H1 to H4 status for (complete name)
Mark the envelop out side Change of Status
mail it to BCIS
One more question.
As we will file I-140 and I-485 together very soon and after filing I-485, my wife is not going to work, does she still need to transfer to H4?
--- It depends on your circumstances, if she does not file for H4 she will have AOS status but will need AP to travel If she gets H4 transfer then that H4 transfer will be valid till your H1 approval date and she can get H4 Visa revalidated in her passport and can use H4 Visa come back to US, If you use EAD then she has to use AP. You are just going to file for I-140 and I-485, if I am in your situation I will file H4 for spouse and still maintain H1B status with my employer because if due to any reason the I-485 is denied then you will have H1 and H4 status to stay. Applying EAD with I-485 and having EAD is different matter and one should get EAD, but if the Primary H1 holder uses the EAD then both have to use AP to re-enter.
Just send the I-539 form and fees $140 along with other papers, having H4 status will be better for her
As we will file I-140 and I-485 together very soon and after filing I-485, my wife is not going to work, does she still need to transfer to H4?
--- It depends on your circumstances, if she does not file for H4 she will have AOS status but will need AP to travel If she gets H4 transfer then that H4 transfer will be valid till your H1 approval date and she can get H4 Visa revalidated in her passport and can use H4 Visa come back to US, If you use EAD then she has to use AP. You are just going to file for I-140 and I-485, if I am in your situation I will file H4 for spouse and still maintain H1B status with my employer because if due to any reason the I-485 is denied then you will have H1 and H4 status to stay. Applying EAD with I-485 and having EAD is different matter and one should get EAD, but if the Primary H1 holder uses the EAD then both have to use AP to re-enter.
Just send the I-539 form and fees $140 along with other papers, having H4 status will be better for her