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Information needed regarding COS H4 to H1B to H4

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  • Information needed regarding COS H4 to H1B to H4

    Hi all,

    I came to US on H4 and converted to H1 in 2007.H1B validity is upto Sep 2010.I want to convert to H4 due to personal problems.My Question is
    1.What documents are needed for converting from H1 to H4 from my side and from my spouse?

    2.Can i apply online myself or I have to post documents to USCIS?

    3.Can I apply without attorney as I maintained my status as of now and also having all payslips.Any idea about the attorney fee?

    4.IF I apply online how the documents will be sent to USCIS like payslips,spouce H1,....?

    5.Do i have to specify any reason?

    6.Suppose if I apply for COS on Sep 15 and USCIS recieved on Sep 15th then what will be the last of my H1B.Is it Sep15?Please correct me

    Thanks
    Sri
    Last edited by vasu8430; 08-30-2010, 05:53 PM.

  • #2
    Checklist for the COS from H1B/L1 to H4/L2

    1.What documents are needed for converting from H1 to H4 from my side and from my spouse?

    Documents from to the person requesting a change of status from H1B to H4:
    1) Completed for I-539
    2) Check for $300 (Check USCIS website for the latest fee details)
    3) Copy of the existing H1B/L1 approval notices.
    4) Copy of the passport including the biographical information.
    5) Copy of the valid H1B/L1 visa
    6) Copy of form I-94
    7) Latest pay slips for the last 6 months
    8) Copy of the marriage certificate
    9) A letter acknowledging that I will no longer be eligible to work upon approval of the change of status to H4/L2.

    Documents from the primary H1B applicant (Spouse)
    1) Employment verification letter
    2) Copy of form I-129
    3) Copy of H1B/L1 approval notice (form I-797 )
    4) Copy of the passport including the biographical information.
    5) Copy of the valid H1B/L1 visa.
    6) Copy of form I-94
    7) Copy of the form AR-11 that was already submitted to USCIS for the change in address (If any).
    8) Latest pay slips for the last 6 months
    9) A letter acknowledging that the primary H1B/L1 holder will support the spouse upon approval of the change of status to H4/L2.



    2.Can i apply online myself or I have to post documents to USCIS?
    >>> You can eFile. Since you have a lot of time, it is advisable to send the documents & check via mail.

    3.Can I apply without attorney as I maintained my status as of now and also having all payslips.Any idea about the attorney fee?
    >>> Yu don't need attorney's help to file H4. You can do it yourself. It is not so complicated.

    4.IF I apply online how the documents will be sent to USCIS like payslips,spouce H1,....?
    >>> Post.

    5.Do i have to specify any reason?
    >>> No. Check form I-539.

    6.Suppose if I apply for COS on Sep 15 and USCIS recieved on Sep 15th then what will be the last of my H1B.Is it Sep15?Please correct me
    >>> You can work until the last date on H1B (assuming the COS to H4 doesn't get approved by then). You should stop working when the H1B I-94 expires since you are no longer authorized to work after that. If your H4 gets approved with a new I-94 before the H1B I-94 expires, then you should stop working since your status will change to H4 when that happens. If you deceide not to work, then yu can do that upon receiving the receipt notice for filing the H4.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks for the information.

      My spouse applied for change of address 1.5 years back.Is that one to be attached?
      My I94 for H4(when entered US) already expired.I have H1 approval notice upto sep 30 2010.Is that fine?Should I have to send that expired I94 also with H1 approval because my i94 number is not there in H1 notice?
      Do u mean copy of whole passport(all pages)?

      Thanks
      Sri
      Last edited by vasu8430; 08-30-2010, 10:08 PM. Reason: some more clarification

      Comment


      • #4
        My spouse applied for change of address 1.5 years back.Is that one to be attached?
        >>> Copies of all approval notices if possible.

        My I94 for H4(when entered US) already expired.I have H1 approval notice upto sep 30 2010.Is that fine?Should I have to send that expired I94 also with H1 approval because my i94 number is not there in H1 notice?
        >>> Copy of the latest I-94 will do.

        Do u mean copy of whole passport(all pages)?
        >>> Copies of all non-blank pages.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks for the information

          Sri

          Comment


          • #6
            Can I file my wife's COS H1B to H4 using only I797-C (URGENT)

            Hello Shervin143/Vasu8430

            Can I file my wife's COS H1B to H4 using only I797-C.
            My I-129 is till pending.

            Thank you

            Comment


            • #7
              Are you asking if you can file a COS from H1B to H4 for your spouse based on your pending H1B petition. If that is what you are asking, then the answer is YES. You need to include your H1B receipt notice when you file your wife's COS.

              Originally posted by Streaker View Post
              Hello Shervin143/Vasu8430

              Can I file my wife's COS H1B to H4 using only I797-C.
              My I-129 is till pending.

              Thank you
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment

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