Urgent - Transfer from H1b to H4

[celeritas]

Hi all,

I am looking for information regarding my current situation. I was on H1b and I lost my job about 3 weeks ago. I was looking for a new job past 3 weeks but since nothing seems to be materializing I am considering applying for a COS to H4 as my wife is working on a h1B visa.

I am not sure what is the best process to go about applying to H4 from H1b. I tried filing for I-539 online, and while I was in the last step 'Verify Forms', I received a call from someone from USCIS stating that I will not be able to apply to H4 online and will need to go to a local office for that. (That seemed bizarre that they called me within 5 minutes of me still in the process of application of the form).

Please advice how i should go about applying H4 from within the US.

Thanks!

[kabkaba]

Never heard of anyone getting such a call. What reason did they give? Was it because the system is having problems or something? You may be out of status as it is since you have not been maintaining H1 status since the last day of work and COS may get denied causing further trouble. Best approach is to leave the US, obtain H4 Visa and return.

[abc_1]

Better option is go back to your home country if you have valid visa ( means if you dont have to go for visa stamping) .. come back whenever you find a job .. finding a job wont be difficult in this market its just a matter of time . this way you can save your H1 too

[celeritas]

@kabkaba : No, the guy on the other end didn't give any reason. I did search online and it did state someplace that I539 is not for conversion from H1b - H4. Leaving US and getting a H4 visa stamp from another country is an option i'm willing to go if there is absolutely no way for me to file for H4 status from here. I am not looking to extend my current H1B status at the moment as I will be working on other personal project and then consider to go back to H1B sometime next year. Thanks for replying.

I just think there should be a way for me to apply to H4 status since there is all valid documentation I can provide of my spouse.

Also regarding form I-539, I am unable to proceed past the verfication step on filling all the details as it requires a A# number which I don't have(since I haven't applied for a green card). So not sure how to go about it.

Any advice please?

Thanks again

[kabkaba]

You can certainly file H1 to H4 using I-539. The problem is your current status. Since you have stopped working you are not maintaining H1 status and USCIS cannot approve change of status if current status is not being maintained. That is why you need to travel outside, get an H4 Visa and return. You will still remain cap counted and another employer can file to change you to H1 at any time and with immediate start date. Also remember that if you are terminated earlier than petition expiry, your employer is legally required to pay your one-way airfare to home country.
I am sure there are alternatives to A number in the efiled form. I had done it a year ago and I could proceed without an A number. Does I-94 number work instead of A number? You can also paper file the application. But there is a risk of denial like above.