Change of status from H1-B to H4. Required/supporting documents


kanthimathy

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I am currently in a H1B visa.  I am planning to quit the job and move in with my husband .  I will be filing the I-539 change-of-status application soon. My question is what are all the required/supporting documents needed to be sent along with I-539 ?

Did I miss out anything here ?

 

  1. I-539 form
  2. Copy of my husband's
  1. passport
  2. I-129
  3. I-797 approval notice
  4. Recent pay stubs
  5. employment verification letter
  1. Copy of my
    1. passport
    2. I-129
    3. I-797 approval notice
    4. Recent pay stubs
    5. employment verification letter
  2. Marriage certificate
  3. Money order $290
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I did submit all those documents that you mentioned for COS for my wife, except for I didn't submit I129 as we were already submitting I797 approval notice and employment verification letter from my wife's employer. But instead I did submit last 2 years W2's of mine to be on the safer side, I did send my personal check instead of money order. USCIS received them on 10th Jan. And today I see the status as

 

Post Decision Activity

On March 6, 2014, we mailed you a notice that we have approved this I539 APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS.

 

We didn't had any problems in the process. Hope senior members or attorneys can bettern answer your question.

 

Good luck.

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I did submit all those documents that you mentioned for COS for my wife, except for I didn't submit I129 as we were already submitting I797 approval notice and employment verification letter from my wife's employer. But instead I did submit last 2 years W2's of mine to be on the safer side, I did send my personal check instead of money order. USCIS received them on 10th Jan. And today I see the status as

 

Post Decision Activity

On March 6, 2014, we mailed you a notice that we have approved this I539 APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS.

 

We didn't had any problems in the process. Hope senior members or attorneys can bettern answer your question.

 

Good luck.

Thanks prasad. Is it okay to quit the job upon receipt notice or do I have to wait until approval notice ?

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Balaji:  I don't think we can apply COS through ELIS. Its paper based. I did apply paper based. Since my wifes H1 expired on Jan 9th I have to do a express mail on Jan 8th & it was different mailing address at Texas. I am not sure if that made any difference in processing with my wifes COS & we got a letter from California service center that they recived the application form for COS on Jan 10th. I hope we get a approval notice.

 

Kanthi: I have read in other discussion forms that once can quit job after receving the receipt. My wifes case is different so I can't comment anything in your scenario. I did call the USCIS customer service about my wifes situation since the application reached them a day late, after H1 expired. All they said was as long as her case status is pending she can stay in the country.

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Balaji:  I don't think we can apply COS through ELIS. Its paper based. I did apply paper based. Since my wifes H1 expired on Jan 9th I have to do a express mail on Jan 8th & it was different mailing address at Texas. I am not sure if that made any difference in processing with my wifes COS & we got a letter from California service center that they recived the application form for COS on Jan 10th. I hope we get a approval notice.

 

The address to send COS petition is a lockbox facility in Texas. From there it will be forwarded to respective processing center. All instructions are available in I-539 filling instructions.

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  • 9 months later...

Couple of question here before I send my application

 

1. Which address did you sent your application? I see 2 addresses for TX

 

USCIS Dallas Lockbox

U.S. Postal Service:
USCIS
P.O. Box 660166
Dallas, TX 75266


USPS Express Mail/Courier:

USCIS
ATTN: I-539
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067

 

2. What is employment Verification Letter? Is it I-9 form? If not then can you please send sample letter for me?

 

3. Did you also included form G-1145 for electronic notification?

 

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Couple of question here before I send my application

 

1. Which address did you sent your application? I see 2 addresses for TX

 

USCIS Dallas Lockbox

U.S. Postal Service:

USCIS

P.O. Box 660166

Dallas, TX 75266

USPS Express Mail/Courier:

USCIS

ATTN: I-539

2501 S. State Highway 121 Business

Suite 400

Lewisville, TX 75067

 

2. What is employment Verification Letter? Is it I-9 form? If not then can you please send sample letter for me?

 

3. Did you also included form G-1145 for electronic notification?

2. A letter from employer that you are working for them.

3. Better.

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  • 9 months later...
I m on H1 b visa and it expires August 2017 , my husband has I140 approved and priority date of feb 2013 and his H1 b is past 6 yrs and on extension. I want apply for H4 EAD card before the end of my H1b visa.. My question is can I apply for H4 EAD while still working and not have any gaps with my employment and continue working in the same job . If not is it better to apply for my own green card application and apply for extension of H1b visa. I want to know best way to proceed without hurting my current job and continuing without gaps.
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I m on H1 b visa and it expires August 2017 , my husband has I140 approved and priority date of feb 2013 and his H1 b is past 6 yrs and on extension. I want apply for H4 EAD card before the end of my H1b visa.. My question is can I apply for H4 EAD while still working and not have any gaps with my employment and continue working in the same job . If not is it better to apply for my own green card application and apply for extension of H1b visa. I want to know best way to proceed without hurting my current job and continuing without gaps.

 

To apply for H4 EAD you need to be on H4 status. You can file for COS to H4 and H4EAD concurrently. According to USCIS H4 EAD application will be processed only after COS to H4 approval. So, once COS to H4 is approved you will need to stop working till EAD is approved. There will be a gap in employment.

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