H1b to H4 process

[sen2nat]

Hi

I have few questions. Could you please clarify the below questions?

1. My wife is working on H1b visa in another city, I am on H1b working in different city. She doesn't want to work for 6 months and need to care of my son. We are looking to transfer her h1b to my h4 , what is the process ? does she need go to India for visa change ?
2. How long does the process take?
3. will she able to change the h4 to h1b again if she get a job in same city ? how easy or difficult?
4. Any legals would foresee for the above process?

Thanks in advance

[raghvi]

Hi

I have few questions. Could you please clarify the below questions?

1. My wife is working on H1b visa in another city, I am on H1b working in different city. She doesn't want to work for 6 months and need to care of my son. We are looking to transfer her h1b to my h4 , what is the process ? does she need go to India for visa change ?
2. How long does the process take?
3. will she able to change the h4 to h1b again if she get a job in same city ? how easy or difficult?
4. Any legals would foresee for the above process?

Thanks in advance

1. You can either file H1 to H4 Change Of Status (COS) using form i539 (filing fees 290 USD) or she can leave US and re enter on a valid H4 visa.
2. If filed as COS takes 6-9 months. If go out and re enter US on H4 visa, an be done within a Month.
3. Yes. difficulty would depend upon the next employer.
4. If staying in US and filing COS, she should stop working from COS date, even if COS is not approved. Also, if she is staying in US while H1 to H4 is pending, she would have to wait for H1 to H4 COS approval before trying a H4 to H1 at a later point.

This is my opinion not legal advice.

[nyadav]

Hello,

I also have the same scenario and want to ask one question:
If I have applied the Change of Status from H1b to H4 via I589 form, then can I leave US in mid of this process ?
And if want to re enter US then I can come without any issue ?

Thanks,