H1 to H4 of my Fiance

[murtaza]

Hi,

I am currently on H1 in USA and my fiance too is on H1 in USA. Both in different cities.

We are planning to travel to India and get married in May. We want to convert her h1 to h4. so we have planned that she comes back to US while still on h1, then quit her job and apply for change of status COS from h1 to h4 and move to my city.

My question is, when she quits her job her employer will terminate her h1, so is she automatically transferred to h4?

Or should we wait till her h4 is approved to quit her job so that she does not get out of status when her h1 is terminated, even though COS approval has not come through.

Thanks.

[shervin143]

You need to file I-539 to change the status from H1B to H4. It has to be done before her alst working day. USCIS suggests that you apply at least 45 days in advance. She can work on H1B until the H4 gets approved. Or if she decides not to work after apply for the H4, that is fine too.