H1B to H4 - Date of start

[anuvnu387]

Hello Everyone,

I am currently on a H1B visa that is valid until end of 2011. However, I am having problems with my employer and would like to quit ASAP and become a dependent on my wife's H1B.

Meanwhile, I am interviewing for other jobs.

I have a couple of questions:

1. Can I stop working as soon as my I-539 change of status to H4 is received by the USCIS or do I have to wait until it is approved before quitting work. I understand that if it is not approved then I might be out of status.

2. Based on my reading the supporting documents for this purpose are:
Passport copy (both mine and my wife's)
I94 (both mine and my wife's)
Recent pay stubs (both mine and my wife's)
Marriage Certificate (notarized)
H1-B approval notice I-797A (my wife's)
Am I right?

2. While my I-539 is being processing can my new employer submit a H1-B petition?

Thank you very much in advance for the help.

[shervin143]

1. Can I stop working as soon as my I-539 change of status to H4 is received by the USCIS or do I have to wait until it is approved before quitting work. I understand that if it is not approved then I might be out of status.
>>> Yes, you can stop working upon receiving the receipt number.

2. Based on my reading the supporting documents for this purpose are:
Passport copy (both mine and my wife's)
I94 (both mine and my wife's)
Recent pay stubs (both mine and my wife's)
Marriage Certificate (notarized)
H1-B approval notice I-797A (my wife's)
Am I right?

>>> In addition

1) An employment verification letter from your spouse's employer.
2) I-129 of your spouse.
3) Filing fee ($300)
4) (Good to send) A letter from your to USCIS stating that you understand the responsibilities of H4 holder and will not work upon receiving the H4. And a letter from your spouse stating that she would financially support you when you are in H4.

2. While my I-539 is being processing can my new employer submit a H1-B petition?
>>> Possible. However, there is a small problem. If your H1B gets approved first and then your H4 gets approved with a new I-94, your status would change to H4 (Read about the last action rule in immihelp). In which case, you will need to leave the country and return back in H1B visa to get back to H1B status.

[anuvnu387]

>>> In addition

1) An employment verification letter from your spouse's employer.
2) I-129 of your spouse.
3) Filing fee ($300)
4) (Good to send) A letter from your to USCIS stating that you understand the responsibilities of H4 holder and will not work upon receiving the H4. And a letter from your spouse stating that she would financially support you when you are in H4.

Thank you for the immediate response. My wife's I-129 is already approved and we have the approval notice in hand. The I-129 is with the lawyer. The I-539 instructions require only approval notice to be submitted. Is sending I-129 a recommendation or a requirement in my case?

Thanks

[anuvnu387]

2. While my I-539 is being processing can my new employer submit a H1-B petition?
>>> Possible. However, there is a small problem. If your H1B gets approved first and then your H4 gets approved with a new I-94, your status would change to H4 (Read about the last action rule in immihelp). In which case, you will need to leave the country and return back in H1B visa to get back to H1B status.

If my H1B is approved first, can I contact USCIS to cancel my I-539 COS to H4? This way my H1B can be valid?

[shervin143]

That is possible only if your H4 application is not taken for processing at that time.

If my H1B is approved first, can I contact USCIS to cancel my I-539 COS to H4? This way my H1B can be valid?

[anuvnu387]

That is possible only if your H4 application is not taken for processing at that time.

Thank you shervin143 for your replies. One last question. If I e-file my I-539 I can get a receipt number immediately and can stop working the next day. Am I right?

Thank you very much in advance.

[shervin143]

That is correct. It will take at least a week to get the receipt notice, You can stop working immediately upon receiving the H4 receipt notice.

[ssbreddy]

Supporting Documents

Hi Shervin,

Thanks for all the support.

I am also in the same process of doing a COS for my wife and you helped answering some of my questions.

Keep up the god work.

Regarding the efile, if we submitt the application then how about the supporting documents? do we send it by mail or at the end of the efilling submittion it will ask for attachments?