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H1 to H4 status change

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  • H1 to H4 status change

    Hi,
    My wife entered USA on H4 visa in 2012 and she converted her status to H1 in 2013. Now she want to change her status back to H4 due to some family issues and also need to travel often here after. Could some one let me know the best possible way to change the status. I read the below options on other threads, but need some more clarity on each option.

    Option 1. Apply for a change of status (I539) while in USA. I heard that now it is taking 3 to 6 months time.
    Option 2. Travel back to India and appear for H4 visa interview.

    (Spouse is on H1 with approved I140)

    We would like to opt in for the second option if we have to, as she may need to travel some time in May or June. Please let me know which option is best and also what steps we need to follow in this process.

    Thank you in advance for any information you can provide

  • #2
    Originally posted by mike300436 View Post
    Hi,
    My wife entered USA on H4 visa in 2012 and she converted her status to H1 in 2013. Now she want to change her status back to H4 due to some family issues and also need to travel often here after. Could some one let me know the best possible way to change the status. I read the below options on other threads, but need some more clarity on each option.

    Option 1. Apply for a change of status (I539) while in USA. I heard that now it is taking 3 to 6 months time.
    Option 2. Travel back to India and appear for H4 visa interview.

    (Spouse is on H1 with approved I140)

    We would like to opt in for the second option if we have to, as she may need to travel some time in May or June. Please let me know which option is best and also what steps we need to follow in this process.

    Thank you in advance for any information you can provide
    When is her last day with current employer?

    You can decide:

    Option 1 : Wait for 3-8 Months cost around 300 USD.
    Option 2: Spend around 2K USD in travel and visa cost (if getting a new H4 visa) but get to H4 status within a Month.

    If she wants to travel out immediately after resigning and then re enter on H4 then option 2 is the only option. But if she wants to resign spend a Month or so in US then she has to file I539 before her last work day on H1.

    This is my opinion not legal advice.

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    • #3
      Thank you

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