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H4 to H1 Change of Status

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  • H4 to H1 Change of Status

    I applied for my wife' H1B on April 1, 2016, which got approved April 12, 2017. She was on H4 and now as her petition got approved, she is now on H1 status. She is pregnant right now and not able to find new project in this situation.

    1) She never worked so she doesn't have payslips. Can I apply for her change of status to H4 without payslip?
    2) In this situation, do I have to contact and file status change through lawyer only?
    3) As per USCIS instruction, I-539 checklist needs payslip. What should I do in this matter?
    4) In I-539 for
    Part - 2 > 2.a What date I have to mention? H1B approved date? Approved date is 4/12
    Part - 2 > 2.b Answer will be H4

    5) Is her legal status is safe right now as she is not working and we are planning to file status change soon?
    6) Can we file I-539 in premium processing?

    Please help.

  • #2
    Originally posted by troy0033 View Post
    I applied for my wife' H1B on April 1, 2016, which got approved April 12, 2017. She was on H4 and now as her petition got approved, she is now on H1 status. She is pregnant right now and not able to find new project in this situation.

    1) She never worked so she doesn't have payslips. Can I apply for her change of status to H4 without payslip?
    2) In this situation, do I have to contact and file status change through lawyer only?
    3) As per USCIS instruction, I-539 checklist needs payslip. What should I do in this matter?
    4) In I-539 for
    Part - 2 > 2.a What date I have to mention? H1B approved date? Approved date is 4/12
    Part - 2 > 2.b Answer will be H4

    5) Is her legal status is safe right now as she is not working and we are planning to file status change soon?
    6) Can we file I-539 in premium processing?

    Please help.
    Assuming that her H4 to H1 was applied as COS and the COS was approved. If that is the case she is currently in H1 status, and not working and not getting paid makes her out of status.
    1. As she is out of status a COS would generally not be approved by USCIS.
    2. You can file it on your own, but as I said , her being out of status would be problematic.
    3, 4, 5, 6. I would advise taking help of an attorney if your spouse is out of status.

    This is my opinion not legal advice.

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