My Options: H1 is expiring and have a new born with no passport yet.

[aldrinvijay]

Hi,

My wife is about to complete 6 years on her H1B in August(2 months). I have applied for a H4 transfer(Form I-539) on Jun 2nd. Even after 3 weeks I don't see any progress on her case. We have a new born(No SSN or passport yet) and I have few queries about the extension process.

1. How long does it normally take to convert from H1B to H4?

2. We have still not got the SSN for the baby, so no passport. What are the options my wife has to stay here in US if she doesn't get H4 before August. As the baby ahs no passport, she would not be able to travel outside the country.

3. If I get the baby passport then she can travel back to India, if not what are my available options?

[raghvi]

Hi,

My wife is about to complete 6 years on her H1B in August(2 months). I have applied for a H4 transfer(Form I-539) on Jun 2nd. Even after 3 weeks I don't see any progress on her case. We have a new born(No SSN or passport yet) and I have few queries about the extension process.

1. How long does it normally take to convert from H1B to H4?

2. We have still not got the SSN for the baby, so no passport. What are the options my wife has to stay here in US if she doesn't get H4 before August. As the baby ahs no passport, she would not be able to travel outside the country.

3. If I get the baby passport then she can travel back to India, if not what are my available options?

I think you panicking too early. As long as she has stopped working and applied for H1 to H4 before her I-94 expiry/before her 6 Year completion, she is fine.
1. It can take 2-4 Months for H1 to H4.
2&3. As I said she can continue to stay as long as she has applied H1 to H4 before her time on H1 completes.

If you are in urgent need for her and the baby to travel out of US then thats a different issue all together.

This is my opinion not legal advice.

[aldrinvijay]

Thanks Raghvi. This info helps me to research more.