H1 to H4 conversion

[jay45]

Hi, I have a valid H1 visa till Sept 2014 but I am willing to resign from my current job. I no longer can continue with my current employer because of work pressure and lack of career growth. I want to go for PhD next year, but want to stay with my wife (who is on H1 in same company) by converting my status to H4. I have following questions:

1. I am submitting for I539 form, how much time it will take to get receipt number? I want to resign as quickly as possible.
2. Where do I have to attend interview for H4?
3. Will it create any problems during H4 interview because I already had H1 here in US and working from past 5 years and applying for H4 ?
4. Can I say I am planning to go for higher education next year?
5. Can I do all this process while staying in US?

Your help and suggestions will be much appreciated.
Thanks

[kabkaba]

Hi, I have a valid H1 visa till Sept 2014 but I am willing to resign from my current job. I no longer can continue with my current employer because of work pressure and lack of career growth. I want to go for PhD next year, but want to stay with my wife (who is on H1 in same company) by converting my status to H4. I have following questions:

1. I am submitting for I539 form, how much time it will take to get receipt number? I want to resign as quickly as possible. -- If you efile you will get the receipt date same day.
2. Where do I have to attend interview for H4? -- You only need to apply for Visa when you leave the US. You can apply anywhere.
3. Will it create any problems during H4 interview because I already had H1 here in US and working from past 5 years and applying for H4 ? --It makes no difference.
4. Can I say I am planning to go for higher education next year? --If asked.
5. Can I do all this process while staying in US? --I-539 is exactly for that. You will receive a new I-94 after approval and you can stay in the US in H4 status as long as that I-94 is valid and your spouse is maintaining H1 status.

Your help and suggestions will be much appreciated.
Thanks

See above.

[jay45]

See above.

Thanks a lot for quick reply.
I will post my updates here about the process and the result.

[jay45]

Submitted I-539, awaiting approval

I submitted my COS I-539 yesterday by ExpressMail, and waiting for receipt. I was not eligible for E-file as only few visa types are allowed. It is not for H1 to H4 transfer.
Finger crossed, waiting for the approval.

[kabkaba]

That's too bad. EFiling used to be available for most cases. The new ELIS system seems to be more limited.

[jay45]

Resign after H1 to H4 COS application sent

I have some more questions:
I have already applied for H1 to H4 COS by post (e-filing was not available in my case), and haven't received the receipt yet (after 3 days).

Can I resign now from my current job and still be on valid status and stay in US till COS result comes in?
Does USCIS consider date when application was sent by post, or the date when they start processing it, for checking if I am continuing my H1 job on that day?

Thanks a lot for your help in this matter.

[kabkaba]

Your last day of work must be after the receipt date. They go by the receipt date on the receipt notice.

[jay45]

Your last day of work must be after the receipt date. They go by the receipt date on the receipt notice.

Thanks kabkaba. I have received my receipt. Waiting for the result. Thanks everyone for your quick help.

[jay45]

Thanks kabkaba. I have received my receipt. Waiting for the result. Thanks everyone for your quick help.

Finally got my approval after 3 weeks of posting by mail. Posting here in case someone wants to know the latest processing time.
Thanks