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h4 having marriage and immigration issues

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  • h4 having marriage and immigration issues

    Hi, My situation is that I am on h4 and things are not working out between me and my husband, he has thrown me out of house couple of times and right now he himself has moved out and staying with his friend. He has done lot domestic violence in past to which I havn't taken any legal action. Now he gives me notice and asking me to leave the house in a month, he is d only one on the lease. To change my status I asked him for his h1 docs, to which he denied. Also recently he has got new job, so his new employer has filed for his h1 and my h4 transfer, which is already in process. Here are my Qs:
    1. Can I change my status to F1 (if I manage to get I20) or H1 (if I manage to find sponsor), without his H1 docs?
    2. Can he revoke my h4 transfer for which I have already signed I539 and I am sure he has send it across?
    3. Can I check my application status for h4 transfer, if I don't have receipt, as he won't give me that?

  • #2
    1. Possible. You may have to travel out and get a visa if USCIS asks for proof that your H4 status is valid by asking for H1b paystubs which you may not have. I would say get an I-20, go for a visa and come back if you want to rather than apply for a COS. Same thing with H1b as well.
    2. There is nothing like a H4 transfer. In fact if your I-94 is valid now, the new employer need not even file for the H4 extension. Essentially with a H1b transfer, they also file for H4 extension so that the I-94 dates on both match.
    3. See #2.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      All you need to change your status is your passport and your I-94 (if valid)apart from any requirements for the new status (like I-20 for F1 etc.)
      This is my opinion and not legal advice.

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      • #4
        Originally posted by kabkaba View Post
        All you need to change your status is your passport and your I-94 (if valid)apart from any requirements for the new status (like I-20 for F1 etc.)
        Not really. As a H4 status is dependent on a H1b maintaining the status, USCIS could ask for proof of valid H1b status and paystubs for any status changes of a H4.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Thx for the replies, in regard to my prev querries:

          3. my husband already filled I-539 for me, I signed the same and he has send it to his employers lawyer, that means my application is already there in USCIS, I need a ref no. to track it

          4. When it gets confirmed, it will be mailed to my husband's address. Can I ask USCIS to send my paper-work to some different address?

          5. True, I can go out of the country and appear for the interview, but still by going out or by being here - my current status dsn't change, it still says h4. So won't I be asked for his pay-stubs or proof of his valid H1?

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