h1 to h4 change of status

[Beauty]

Hi all,

I entered USA on H4 in march 2008 and applied for H1 in April and it got approved in Dec 2008(delay due to queries).
and it is valid until Dec 2011. I have few questions,

1. Need to change my status H1 to H4. H4 is valid sep 30th 2010.
2. I haven't worked in USA .I have ssn ,no pay stub, no w2 form.
3. My husband H1 visa is up to sep 30th 2010.This is 2nd extension.He got EAD but not using it(coz my name is not enrolled
into GC).
4. He is applying for H1 extension in July . Can I apply simultaneously with him H1 to H4(and don't have any pay stubs,no w2).
5. Can I go to Canada for H4 stamping or do I need to go India only??
6 Do I need to go to India for H4 stamping before 30th sep 2010. If so what all the required doc's.
7. In DS-156 form what should I mention Name and Address of Present Employer(Q.20) and Present Occupation(Q.21).

Eagerly looking forward for your response
Thanks in Advance

[shervin143]

You are out of status on H1B for a long time and this may cause issues later. The best option is to consult an immigration attorney. Change of status to H4 is not possible when you are out of status. Not advisable to go to Canada or any other third nation consulate as you may get struck there as the chances of a successful stamping is less when you out of status. Leave the country immediately and return back in H4 visa (get it stamped if you don't have a valid H4 visa stamped in the passport and get it done form your home country).

[Beauty]

HI sherivan,

Thanks for advice. Planning to go to India for h4 stamping. I have few questions
1.In DS-160 form what should I mention Name and Address of Present Employer and Present Occupation as there are no pay stubs and no w2 form.
2.my husband is going to apply H1B renewal and it is in processing stage .so I need to apply after renewal for H4
3.My H4 visa is up to sep 30th 2010.so I should stamped before sep 30th in India.

Please reply ,
Thanks for advance.

[sk4ih]

1. If you're not working anymore, mention Homemaker. So employer details are not asked for.
2. Yes, if you entered on old petition which will expire when old H1 expires.
3. Yes of course. If your husband's new petition is approved by that time, you can use new I-797 to get new visa expiry date. (in which case point#2 above does not apply)

[Beauty]

Hi sk4ih,

Thank you for your advise. I DS 160 there is an ssn .I have an ssn but haven't work in usa . so should i mention ssn or leave the blank .
Thanks in advance