H1 to H4

kck_nonim

By kck_nonim,
in H1B : H-4 Issues

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kck_nonim Newbie

kck_nonim

Posted
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Could you please help in my scenario 
1. I have my H1B expiring in Jul and Extension is in process (my employer doesn't process premium) 
2. My wife is on H1B too but her project ends in April and she is on job search (H1B is vaild till 2021) 
3. I want my wife to change from H1B to H4 status to maintain the status after the end of her project. 
4. Am worried on her status if she is not able to get a job after Apr considering my H1B is valid only till Jul 2019 and extension is in process. 

Could you please suggest how to proceed considering my company doesn't do my H1 extension in premium

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pontevecchio Advanced Member

pontevecchio

Posted
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She can apply for a COS to H4 before her project ends on the basis of your pending H1 extension.

56 minutes ago, kck_nonim said:

My wife is on H1B too but her project ends in April and she is on job search (H1B is vaild till 2021) 

Interesting. did the employer not file a H1 for her stating he had a job for her till 2021? If there is no project, he is supposed to find one and in the meanwhile pay her appropriately. 

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shekar11# Advanced Member

shekar11#

Posted
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2 hours ago, kck_nonim said:

Could you please help in my scenario 
1. I have my H1B expiring in Jul and Extension is in process (my employer doesn't process premium) 
2. My wife is on H1B too but her project ends in April and she is on job search (H1B is vaild till 2021) 
3. I want my wife to change from H1B to H4 status to maintain the status after the end of her project. 
4. Am worried on her status if she is not able to get a job after Apr considering my H1B is valid only till Jul 2019 and extension is in process. 

Could you please suggest how to proceed considering my company doesn't do my H1 extension in premium

Your wife can apply for change of status to H-4 and make sure you provide the new I-797 exetnsion receipt number while filing I-539 form for her so that she can get H-4 status until your new expiry date.

Prepare all documentation and wait till last day to file the change of status. You don't want to post the docs to USCIS and then find out that she got a job offer in last week of April.

Also remember that she will be having 60 days grace period after her current employment is terminated to search for a new job. So technically you have until June 29th to file change of status to H-4.

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