COS H1Bto H4

[Hojin Joo]

Hi. I have a valid H1b visa from Nov 2013 to Sep 2016. But, I will change my H1b status to H4, which is dependent of my husband. He has also H1b till sep 2016. I am trying to fill out I-539 form without lawyer. However I'm not sure question Part 3. 2,3,4 and Part 4 3.e question. Could you help me out? Thanks.

[raghvi]

Hi. I have a valid H1b visa from Nov 2013 to Sep 2016. But, I will change my H1b status to H4, which is dependent of my husband. He has also H1b till sep 2016. I am trying to fill out I-539 form without lawyer. However I'm not sure question Part 3. 2,3,4 and Part 4 3.e question. Could you help me out? Thanks.

Part 3 is the basis of which you claim your H4 status. How did your spouse get H1? When was it last extended? I believe you will be part of 3.2 category and need to provide your spouse's H1 petition number.

Part 4.3.e talks about the validity of your current status. Do you have the latest Pay stub on H1? For doing a H1 to H4 COS you need to provide the pay stubs till your last date. If you dont have a valid pay stub or in past didnt have a valid paystub for any period while you were on H1 then you would have to answer YES to this question.

This is my opinion not legal advice.