H1 to H4 conversion

[User12345]

Hi,

I joined the company XYZ in India and got my H1 B visa through the same company and came to US for an onsite project.

I am in US with H1 B status for less than a year. I am planning to convert my current status to H4.

The below are my questions and I would appreciate if anyone can help me in this regard.

1. How long does it take for H1 to H4 conversion?
2. Do I need to change the status to H4 on the same day when it gets approves?
3. When is the good time to intimate my employer that I will be resigning and converting to H4?
4. Since I joined this company in India will they ask me to go back to India to resign the company?
5. If my employer troubles me to go back to India to resign what should I have to do?


Thanks in advance...

[shervin143]

1. How long does it take for H1 to H4 conversion?
>>> 2-3 months.

2. Do I need to change the status to H4 on the same day when it gets approves?
>>> Your status will change to H4 on the date when the H4 COS gets approved. The effective date will be mentioned in the approval notice.

3. When is the good time to intimate my employer that I will be resigning and converting to H4?
>>> You can inform anytime after filing the H4 COS. You can even stop working from the date when you receive the receipt notice. You cannot work once the H4 becomes effective. It is illegal to work when you are in H4 status.

4. Since I joined this company in India will they ask me to go back to India to resign the company?
>>> Well, only your employer can answer that question.

5. If my employer troubles me to go back to India to resign what should I have to do?
>>> Again, this is a civil matter between you and your employer. At the worst they might not give you the experience letter. There is nothing much they can do apart from that.

[User12345]

Hi Shervin,

Thank you for your reply. I have one more question.

Say if I file the H4 petition with USCIS .. can I withdraw this petition either before getting receipt notice or after getting the receipt notice.

If that is possible then how much do I need pay the charges?

[shervin143]

If you withdraw the petition then you will go out of status as you will ramain in H1B status and will not have any pay slips. It is not advisable to do that.

Hi Shervin,

Thank you for your reply. I have one more question.

Say if I file the H4 petition with USCIS .. can I withdraw this petition either before getting receipt notice or after getting the receipt notice.

If that is possible then how much do I need pay the charges?

[User12345]

Hi,

As I mentioned earlier in this post, I am in H1 B visa and I have decided to resign my company.

I have filed for the H4 COS through my husband's company. The acknowledgement from USCIS is recieved to the attorney for the documents that was submitted.

But the receipt number is not yet received.

At this point of time can I go ahead and submit my resignation to my company or do I need to wait till the receipt number is received?

Please advice.

Thanks in advance!

[shervin143]

It is advisable to wait until you get the receipt number from USCIS. That is the actual acknowledgement that USCIS has received your documents for the COS and have accepted the documents that you have sent. It will take about 2-3 weeks to get the receipt notice. If it takes more than that, then something is wrong and the attorney should check with USCIS.

[User12345]

Hi Shervin,

I received the H4 receipt number and I submitted the resignation to my current employer.

Due to other reasons I decided to continue to work with my current employer itself and withdrawn my resignation also.

Now I need to withdraw the H4 application from USCIS. I have read in this forum that a letter has to be sent to the USCIS. Can you please guide me what content should be in the letter? Do I need to mention the reason for my withdrawal? Is there any specific form that is available to write this letter?

Can you please share a sample letter for H4 withdrawal?

Or is there any other way apart from writing a letter to USCIS that you would suggest?

Please advice

Thanks in advance.

[shervin143]

There is no specific format and I don't have any sample format since this isn't something that I would go. You need to makeup your mind on what your actual intention is rather than playing around with your status which can cause all sort of status confusion issues. Just write a letter to the USCIS processing center where you have submitted your application with enough documents (Receipt number, copy of form I-539 etc) to identify your application. Yes, mention the reason for withdrawing the H4 COS. If the application is already taken for processing, then there is nothing much you can do. The COS will go through. If the application is yet to be picked up for processing, then they can stop processing it. You are allowed to work until the COS is approved as long as the H1B I-94 is valid. In case, the COS gets approved, then you cannot work from the H4 effective date. In order to work after the H4 COS, you should leave the country and return back in H1B visa and on valid H1B petition.

[kojam]

I 94 status for H1 to H4 conversion

Hi

I recently applied for H1 to H4 conversion through my husband's company on Mar 2015 and i got it approved last week on Oct 2015. Earlier i had an I 94 with respect to my H1 Visa and its validity was till Sep 20, 2015 which was same as my H1B. Now I have got the new I 94 with H4 visa petition but the validity is starting only from Oct 8, 2015.
I am worried because there is no I 94 validity between Sep 20 and Oct 08. Is it an issue? Should i check with USCIS? Please advice.

Thank you

[ker2usa]

Hi

I recently applied for H1 to H4 conversion through my husband's company on Mar 2015 and i got it approved last week on Oct 2015. Earlier i had an I 94 with respect to my H1 Visa and its validity was till Sep 20, 2015 which was same as my H1B. Now I have got the new I 94 with H4 visa petition but the validity is starting only from Oct 8, 2015.
I am worried because there is no I 94 validity between Sep 20 and Oct 08. Is it an issue? Should i check with USCIS? Please advice.

Thank you

If you had applied for the H4 change of status while you had a valid i94, USCIS should have approved the new i94 with a back date from the end of the previous one. As per their site, you wouldn't be out of status for the days beyond the validity period of your previous i94. Having said that, it should only be a matter of calling up the USCIS customer service center and confirming with them. Having been recently approved, if it was a mistake on their part, they expect you to call their toll free number to request a correction. Make sure to clarify these issues now rather than later when it may be a little more difficult.

[kojam]

H1 to H4 conversion - I94 validity

If you had applied for the H4 change of status while you had a valid i94, USCIS should have approved the new i94 with a back date from the end of the previous one. As per their site, you wouldn't be out of status for the days beyond the validity period of your previous i94. Having said that, it should only be a matter of calling up the USCIS customer service center and confirming with them. Having been recently approved, if it was a mistake on their part, they expect you to call their toll free number to request a correction. Make sure to clarify these issues now rather than later when it may be a little more difficult.

Hi,
Thank you for your reply. I called USCIS and they asked me to wait till i recieve new I94 and then call them back if there is a discrepancy in that, because they say sometimes I797 can have typo error on I94. I have one small question. Do we recieve new I94 for H1 to H4 COS? Does it again come to my husbands employer as this petition came? Please advice

[shervin143]

Yes, a COS will come with a new I-94 attached. It will come to whichever address that was mentioned in form I-539 while filing the H4 COS. If your address is different form what it used to be while filing the petition, then update the address with USCIS. Google for "USCIS Change of Address".

Hi,
Thank you for your reply. I called USCIS and they asked me to wait till i recieve new I94 and then call them back if there is a discrepancy in that, because they say sometimes I797 can have typo error on I94. I have one small question. Do we recieve new I94 for H1 to H4 COS? Does it again come to my husbands employer as this petition came? Please advice