H1B to H4 Visa

[Praveena083]

Hi,

I have resigned from my current company and my last date is November 30th, 2011.
I will be transfering my H1B to H4 visa through my husband's company.

My company will be ginving me the service certificate only on December 5th.
My husband's company will apply for H4 visa only after getting my service certificate.

So if my husband's company files H4 visa after December 5th, is it fine?
Since my last day in my company is Nov 30th im worrying about my status from Nov 30th to the date when my H4 is filed.

Please let me know if i will change to out of status or im in a safe position.
I have valid H1B until May 2013. Thanks for your guidance.

[shervin143]

The application for the COS from H1B to H4 should reach USCIS before your last working day (Nov 30th). Starting Dec 1st you will be out of status if the COS was not already filed. When you are out of status, the chances of a successful COS is less.

Btw, your service certificate is not required to file the H4 COS. Your husband's company need not even file the H4 for you. You can file it yourself. Your H4 has got nothing to do with your husband's company. All that you need is documents to prove that your husband is maintaining his valid H1B status, you maintained your valid H1B status all these days (by providing all the latest payslips) and file form I-539 to change the status.

Read the instructions to file for I-539. It is pretty simple. You can do it yourself or go through a lawyer.

You don't have much time considering the thanksgiving day holidays. You should file the COS immediately. Look into the options of eFiling.

[kabkaba]

If you eFile the I-539 form before Nov 30, its receipt date will be the day you press the submit button and so it will be before your last day of work. Supporting documentation can be sent later.

[tpmid143]

I-539 is required in my case also?

I worked in US on H1 till last week (I797 valid till next year), left company and returned to India few days back. Now to book interview slot for H4 (My spouse is on H1 in USA), just filling DS-160 and attending Interview is enough or Do I have to file for I-539?

Please advise.

[shervin143]

You cannot file I-539 when you are outside U.S. Form I-539 is filed to change your immigration status when you are in U.S. When you are outside U.S, you hold no status. In your case, you should go ahead and attend the H4 visa interview based on your spouse's H1B approval notice.

I-539 is required in my case also?

I worked in US on H1 till last week (I797 valid till next year), left company and returned to India few days back. Now to book interview slot for H4 (My spouse is on H1 in USA), just filling DS-160 and attending Interview is enough or Do I have to file for I-539?

Please advise.

[videomusic123]

I have similar but little different situation. My 6 yrs will be caped out in Mar 1,2012. Is it possible, if I want do COS to h4 with immediate effect ( say Dec 1 ,2011) by e-filling I-539 ? I thought approval date by UCICS is the effective date and not the e-filling click date.

If i read COS on UCICS correctly it says new status will be granted with effect from your expiration of current status. So if i want to end my current status h1 now even though my current status h1 is valid till sometime in future, will i be able to move to new h4 status?

[shervin143]

When you file a COS from H1B to H4, you have two options from the receipt date until the COS gets approved. You can either continue to work for the H1B employer until the H4 effective date or quit the job immediately as of the H4 receipt date.

[Shilpaa]

H1B to H4 visa conversion-- Urgent

HI ,

I enter in USA on H4 visa in 2014 and I got my H1B petition approved in Oct 2015. But my employer not paid me from Oct 2015 to April 2016 and asked me to signed leave of absence letter without pay .that time I was not aware about out of status.

He gave me project from May 2016 to June(16th) 2017. Now again He is not paying me and asking for leave of absence letter .

My H1B petition is valid till Aug 2018.

My questions are :

1) If I change my status from H1B to H4 again , then what is chance of getting it in USA. Is USCIS will ask me about 6 month without pay ?

2) If I travel to India and go for H4 stamping , then what are chances to get me H4 visa .

Can they reject my H4 visa based on 6 month out of status in USA..

[raghvi]

HI ,

I enter in USA on H4 visa in 2014 and I got my H1B petition approved in Oct 2015. But my employer not paid me from Oct 2015 to April 2016 and asked me to signed leave of absence letter without pay .that time I was not aware about out of status.

He gave me project from May 2016 to June(16th) 2017. Now again He is not paying me and asking for leave of absence letter .

My H1B petition is valid till Aug 2018.

My questions are :

1) If I change my status from H1B to H4 again , then what is chance of getting it in USA. Is USCIS will ask me about 6 month without pay ?

2) If I travel to India and go for H4 stamping , then what are chances to get me H4 visa .

Can they reject my H4 visa based on 6 month out of status in USA..

1. Possible.
2. H4 depends upon your spouse maintaining valid H1 status.

Being out of status for so long can have potential repercussion in future GC processing.

This is my opinion not legal advice.

[NettieL]

HI ,

I enter in USA on H4 visa in 2014 and I got my H1B petition approved in Oct 2015. But my employer not paid me from Oct 2015 to April 2016 and asked me to signed leave of absence letter without pay .that time I was not aware about out of status.

He gave me project from May 2016 to June(16th) 2017. Now again He is not paying me and asking for leave of absence letter .

My H1B petition is valid till Aug 2018.

My questions are :

1) If I change my status from H1B to H4 again , then what is chance of getting it in USA. Is USCIS will ask me about 6 month without pay ?

2) If I travel to India and go for H4 stamping , then what are chances to get me H4 visa .

Can they reject my H4 visa based on 6 month out of status in USA..

Did you work for him and he doesn't want to pay you?