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H1 to H4 questions

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  • H1 to H4 questions

    First of all, I thank the team who put together this useful website.

    Here's my situation and I would appreciate your help.

    I am currently on H1 B visa (for the last 5 years) working continously in USA. I've applied for my Green Card in Dec 2003 (still in the backlog processing center). I got married in Jan 2005. My wife got her H1-B visa just before marriage. She is here in USA for the last 8 months, but her employer still did not find her a good placement (she is on the bench). The questions I have are

    1) Is it OK for her legally, to be on H1-B without a job? Will I be in trouble?
    2) If she has decides to change to H4, can the change of status be done inside USA?
    3) I have to get my H1-B stamping (renewal) on my passport in Jan 2006. Should I wait until then and get her H4 stamped?


    Thank you in advance for your replies. Appreciate your time

    Regards

  • #2
    First of all, I thank the team who put together this useful website.

    Here's my situation and I would appreciate your help.

    I am currently on H1 B visa (for the last 5 years) working continously in USA. I've applied for my Green Card in Dec 2003 (still in the backlog processing center). I got married in Jan 2005. My wife got her H1-B visa just before marriage. She is here in USA for the last 8 months, but her employer still did not find her a good placement (she is on the bench). The questions I have are

    1) Is it OK for her legally, to be on H1-B without a job? Will I be in trouble?

    --------------If she stays without job for more than 180 days, She will have an RFE for legal status at the time of I-485 if you include her in your Green Card processing.

    2) If she has decides to change to H4, can the change of status be done inside USA?

    --------------She can change her status to H4 here in US. you need to apply thru attorney for H1 to H4 as ur dependent.

    3) I have to get my H1-B stamping (renewal) on my passport in Jan 2006. Should I wait until then and get her H4 stamped?

    ---------------you don't need H1 stamping for status change (H1 to H4).

    Thank you in advance for your replies. Appreciate your time

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