H1 To H4 status

[Nehagoyal2]

Hi All,

I am currently working on H1 B visa and it is valid till 30 September 2014.
My husband is working on H1 b visa which is valid till 2015
My current project is getting over in July end due to which I have to apply for h4 visa on my husband's h1.
Is it mandatory to travel back to india for change of status from H1b to H4 or can this process be done from US.
Please advice .

Regards,
Neha

[raghvi]

Hi All,

I am currently working on H1 B visa and it is valid till 30 September 2014.
My husband is working on H1 b visa which is valid till 2015
My current project is getting over in July end due to which I have to apply for h4 visa on my husband's h1.
Is it mandatory to travel back to india for change of status from H1b to H4 or can this process be done from US.
Please advice .

Regards,
Neha

No Need to leave US as long as you file the H1 to H4 COS before your last working day.

This is my opinion not legal advice.

[kabkaba]

File using form I-539. The form can be electronically filed. You must do so before your last day at work.

[sairam005]

I was on H4 but I got H1 in 2012 and I worked for a year on H1b but in the middle of June 2013 my employer informed me that he is going to revoke my H1 due to I am on bench. I have pay stubs till May 30th 2013 and he informed middle of June,2013 regarding revoking my H1.

Through Attorney applied to COS immediately next day of my employer information on revoking my H1, even I got my USCIS receipt notice. My main problem is some of my friends informed me that I have to run my salary until I will get my H4 approval or else I will go out of status. I spoke to my Attorney he is telling that three months of pay stubs are must before applying COS but after receiving Receipt notice from USCIS won't conform my status is changed and I will be on H1 status until I will get H4 Approval notice, till that time I have to maintain my H1 status by running the salary. The Attorney is expecting that USCIs may ask for pay stubs after the receipt notice period or June 2013 pay stubs.

I am fully worried what to do ?? my spouse is holding his H1 and recently he got transfer to another employer and he got H1 approval before I apply my COS and he started working for new employer from middle of June, 2013 and he don't have any pay stub from his new employer but I took a letter from new employer saying that he is working from so and so dates and they will run his salary after 30 days of joining and they mentioned his e-verify number with start date in the letter. My spouse don't have stamping in his H1.

I am requesting my employer to run my salary but he is not willing to do that. I am not getting what to do in this situation. I have all the pay stubs for one year till May, 2013 and W2 for 2012.

One more important thing is My I -140 in process under EB2 and I may get the decision by Middle of August, 2013.

Please answer my questions below:
1. Do I need to run my salary even after receiving receipt notice from USCIS for my COS from H1 to H4??

2. Do I need to wait in USA till I get RFE or approval from USCIS for COS from H1 to H4???? (Or) I need to go out of country with receipt notice and get stamped on H4 and enter in to US???

3. What about my I -140 process in case my employer won't revoke I140 but he may revoke H1????

4. My I 140 process will be continued still after my COS from H1 to H4??? Do I need to request him to change the I140 process from employed state to future employment ???

5. In case I get some project before I get COS approval notice from USCIS, Is it possible to cancel COS from H1 to H4 application by sending a cancelation request letter to USCIS to cancel my COS from H1 to H4 process and allow me to continue on H1????

Please help me by answering my questions

Thanks

Sreeveni