H4-H1-H4

[ND123]

Hi

 

I am currently on H4 and will be coming on H1 on 1-Oct. Due to pregnancy and small baby, I don't intend to start work now and want to stay on H4 status. I have below queries

 

1) If I file before 10/1 then on Form i-539, do I need to apply as Extension of Stay in current status ( Current H4 Notice is valid till 8/31/17). Then how to capture H1 status starting from 10/1 and that we intend to avoid it. Shall I state current status as H4 valid till 9/30/14.

 

2) If I file on 10/1 I can state current as H1 and want H4 till 8/31/17. Will USCIS ask for Pay stub if I file on 10/1.

 

Thanks,

ND

[jairichi]

File your COS to H4 after 1st Oct.

[itsmeusa]

1. Yes, H4 until you join H1b employer. (You need to join H1b employer in 30 days after 10/1 if inside US).

2. No, USCIS won't ask.

[jairichi]

1. Yes, H4 until you join H1b employer. (You need to join H1b employer in 30 days after 10/1 if inside US).

2. No, USCIS won't ask.

1. Not 30 days but 60 days.

[ND123]

Thanks for your valuable suggestions jairichi and itsmeusa.

[dj17]

Who should file the COS? if my employer does not want to file it?

[jairichi]

Who should file the COS? if my employer does not want to file it?

COS to H4 can be filed by you. COS to H1B has to be filed by employer.