H1B Getting Max Out

[sourabhrajpal]

Hi
Please let me know my options here , as my H1B is getting Max out in september and my wife is expecting with due date during same time. My wife is also working on H1b visa herself , what are my options ?

1) Can I apply dependent visa i.e H4 while I am working on H1B visa from US without traveling to India ?
2) Can USICS consider my case and can extend my visa for sometime till the delivery of my baby ?
3) Do I need to go back to India and apply for tourist visa ?

Any help is appreciated ..

[raghvi]

Hi
Please let me know my options here , as my H1B is getting Max out in september and my wife is expecting with due date during same time. My wife is also working on H1b visa herself , what are my options ?

1) Can I apply dependent visa i.e H4 while I am working on H1B visa from US without traveling to India ?
2) Can USICS consider my case and can extend my visa for sometime till the delivery of my baby ?
3) Do I need to go back to India and apply for tourist visa ?

Any help is appreciated ..

If your H1 is maxing out at what stage is your GC?

1. Yes. You can apply. Do so before your max out date.
2. Pregnancy isnt a valid reason for doing so.
3. Dont complicate. Easiest would be to move to H4 if your spouse is maintaining valid H1 status.

This is my opinion not legal advice.

[sourabhrajpal]

I have not applied for GC. Could you please tell the process to change my status to h4 , and how much time it takes ?

[raghvi]

I have not applied for GC. Could you please tell the process to change my status to h4 , and how much time it takes ?

You would need to file and send over the Form I539 http://www.uscis.gov/sites/default/f...urces/C2en.pdf

This is my opinion not legal advice.

[sourabhrajpal]

Please tell me do i require to apply for change of status using I 539 form for H4 ? Since as per this link https://www.immihelp.com/h4-visa-stamping-documents/ it is not mentioned anywhere about I 539 .

Since I am on H1B is that the reason i want to apply for change of status ?

Is it safe to say that If i go to india then i dont have to apply for I 539 and directly go with supporting documents as mentioned in the above link ?

[raghvi]

Please tell me do i require to apply for change of status using I 539 form for H4 ? Since as per this link https://www.immihelp.com/h4-visa-stamping-documents/ it is not mentioned anywhere about I 539 .

Since I am on H1B is that the reason i want to apply for change of status ?

Is it safe to say that If i go to india then i dont have to apply for I 539 and directly go with supporting documents as mentioned in the above link ?

Visa and Status are two different things.

The link you posted is the right process for getting a H4 visa stamped in passport. The link I posted was the process of changing your status to H4 visa while being in US.

There are two ways you can move to H4 Status.
1. Leave US, go for H4 stamping and enter US on H4 visa thereby you get on to H4 status (This process is described in the immihelp link)
2. Stay in US and send form I539 along with supporting documents . If this is approved would get you a new I-94 and H4 status. Yes, the next time you leave out of US, and you want to return on H4 you have to follow step 1 above.

This is my opinion not legal advice.