H1-H4 transfer Info Needed

I have just checked your post while googling, anyways. not sure whether your case has completed or still pending. But here's what you need to convert from H1 to H4.

1. Apply for COS(Change of status) i guess the form for that is: I-539
2. your spouse H1b docs.
3. i guess 1-2 recent pay stubs of yours. ( if they ask for it then you have to produce).

let me know if you have already completed the change from H1 to H4.

Pavani

 

Hi

I was in similar situation.
I got 2 pay stubs from my employer and applied for COS filling I-539 from in jan 2009, and got my H4 visa papers by Feb end. It took just 40 days.

And coming to ur case even if you have H4 stamping on your passport, its not valid from Oct 1st 2008, since you came to H1 visa from that day.

Its better to send ur paystubs too.
One can apply for COS if he/she has stayed in US legally.
If u r on H1, u shud get pay checks and maintain ur legal status.

other wise U may get a query later times.

Madhavi

 

madhavi,

it woyuld be great if you can list the actually forms that you have sent. I am applying for my H1->H4 change of status now & was wondering how to & what forms to send. If you can let me know if there are any additions or deletions to it and answer my questions.

1. i-529- > filled
2. 3 latest paystubs -> is there a forms or letter to attach this or just attach it to the form ?
3. spouse's I-797. Do I need to send the complete petition for his H1 ot just i-797 is enough ?)
4. spouse's passport copy along with I-94
5. my passport copy along with I-94
6. Check for the required fees ?
7. do i need any termination letter from my employer?
8. do i need to send my previous H1 info ? i-797 or the h1 petition ?
9. do I need to send in my w2's or income tax papers ?
10. how long does it take before you can get a receipt ? does it come as soon as ur petiton rechaes immigration services ?

am I missing anything in this ?

Thanks in advance for your help.
-SS

 

Hi,
Here are my answers for ur questions

i-529- > filled
>> I-539 Form

3 latest paystubs -> is there a forms or letter to attach this or just attach it to the form ?
>> no need to attach anything, staple the related papers and send in cover

spouse's I-797. Do I need to send the complete petition for his H1 ot just i-797 is enough ?)
>> just i-797 is enough

spouse's passport copy along with I-94
my passport copy along with I-94
>> YES for both

Check for the required fees ?
>> I paid fee online with credit card

do i need any termination letter from my employer?
>> no need

do i need to send my previous H1 info ? i-797 or the h1 petition ?
>> previous means the current one right,
U need to send a copy of I-797

do I need to send in my w2's or income tax papers ?
>> no need, if they want they may ask u to send it, but no need i guess

how long does it take before you can get a receipt ? does it come as soon as ur petiton rechaes immigration services ?
>> if u file online u will get the receipt number immediately. and u can check ur status with that number.
u need to fill the form pay the fee, its done and u need to print that form and send it to the address given along with all documents

"And also send a copy of your marriage certificate" I forgot to say this before

Hope i answered all ur questions.
all the best
lemme know, if u need more info

Thanks
madhavi

 

Hi,

I had applied for H1 -> H4 transfer in month of may.
I got my receipt in a weeks time, since then my case status in USCIS site is pending.

My question is , till this date they havent asked me for supporting documents. shud i send them the supporting documents or they will ask me when they need it ?

and

I entered in US in mnth of DEC, since then I dont have any paystubs till the mnth of May. Will tht create any problems.


Thank you

 

Hi ,
Can someone tell me what you finally did in this situation? I am in the same situation. my wife did her H1 in march 2008 (it was COS from H4 to H1 , she had H1 before and was working as fulltime) but never got project on her new h1 and never worked. she has valid H4 on her passport till oct'09 so I thought H1 will not be activated as she never worked! I filed my H1 extension and got 3 years approval. now what would be the better way to change her status back to H4?
1)File form I-539 without her paystubs using my new 797 document? is there chances of RFE without paystubs? and what could be the next step if RFE comes? can we go to home country and get it done or it will make more complications?
2) go out of county and come back again on existing stammped h4? and then file for I-539 for H4 extension? she has canadian PR as well. should she visit canada or india? somehow her I94 on passport has expired in Feb'09 but she has valid I94 on her H1 pitition. should she give her new I94 when going out of country?
3) should she go outside country and apply for new H4 using my new approved 797 ?
Please help me ASAP. I am really confused what should I do!!!

 

Hi,

I am filling i 539 to change my status from H1b to H4 tomorrow. Do i have to say no to 4f and yes to 4g column? My husband has valid H1b till 2011. For 3.3 , shall i check box for No! As i answer Yes for 3g, what details i have to provide in part 7 under that column? I appreciate your response.

 

Hi,

I am filling i 539 to change my status from H1b to H4 tomorrow. Do i have to say no to 4f and yes to 4g column? My husband has valid H1b till 2011. For 3.3 , shall i check box for No! As i answer Yes for 3g, what details i have to provide in part 7 under that column? I appreciate your response.