Change of Status question

[helpme140]

Hello,

My wife entered US on H4. Got a job last year and started working on H1 after approval. She wants to come back on H4 now.

1.) Are there any other documents than 2 paystubs and I-539 form needed to change status from H1 to H4?

2.) She was counted towards the cap when her H1 was applied and approved. So, now if she changes to H4, would she be cap exempt if she wants to start working again by changing to H1 at a later point in time?

3.)Is there a change in law that makes a person wait for H1 approval before they can start working if they are changing status from H4 to H1 (provided they have been in H1 status before). Earlier, one could work only on a H1 receipt.

Please let me know.

Thanks.

[helpme140]

any thoughts please

[Transformer]

1.) Are there any other documents than 2 paystubs and I-539 form needed to change status from H1 to H4?

--Plus your documentation to show you are on status on H1.

2.) She was counted towards the cap when her H1 was applied and approved. So, now if she changes to H4, would she be cap exempt if she wants to start working again by changing to H1 at a later point in time?

--Yes

3.)Is there a change in law that makes a person wait for H1 approval before they can start working if they are changing status from H4 to H1 (provided they have been in H1 status before). Earlier, one could work only on a H1 receipt.

--It's not a change in law but misinterpretation of law. USCIS gave more clarity on this recently (Pls refer Murthy bulletin few weeks back). Based on the clarity provided, one can work on reciept only if he/she is in H1 currently(applies to transfers only). All others have to wait until H1 approval. In your case, your spouse has to wait until H1 is approved.

[pontevecchio]

1. Read the instructions. You will need your stubs too to prove your valid H1 status based on which she is getting H4 status.

2. Periods in H4 status do not count towards the Total 6 year limit.

3. Yes. There is a change in USCIS stance.

[helpme140]

Thanks very much for the responses.

Another question - is it fairly easy to apply I-539 ourselves or we need a attorney?

[pontevecchio]

Quite easy. All Instructions are provided. If you feel confused about the process let a Lawyer send it.

[helpme140]

Thanks!!

I will try myself first...