H1B to H4 procedure and new H1B

[alal]

Hi, I'm trying to gather some details on H1B to H4 transfer for my spouse. She is currently working in H1B and on the 8th year (extended based on 140 approval). Now she is planning to take a break from work. Here are my questions:

1. What is the process to convert H1b to H4. Looked in uscis site and it was talking about I-539 to change non-immigrant status, but doesn't list the H category in the applicable visa type for this form. What would be the best places to find the details on this change of status.

2. Does she required to appear in person interview in consulate for H4. Not very clear on the new interview waiver program. We stamped H1b couple of years back.

3. If she decided to come back to work after an year staying in H4, can I file for new H1B that is vaid for another 3+3 years without any PERM or I-140 approval. Is this 1 year counted from date of H4 status to the date of new H1b filing or the beginning of H1b validity (example October 2014)?

 

Appreciate your inputs.

 

Thank you.

[pontevecchio]

What is your status?

[alal]

I'm on H1B.

[pontevecchio]

1. I-539 has Instructions provided and is a very basic form. Proof of Marriage and proof of your valid H1 status is also required.

 

2. If she travels abroad after she is in H4 status here she will need a H4 visa as per the usual Consulate protocol.

3. You can never file for her. She cannot file for her. The potential H1 employer will need to do so. If her I-140 is not revoked she is entitled to 3 year extensions beyond the initial 6 years. NOBODY can apply for 3+3 years as the allowable limit is 3 years at a time. Has she kept her I-140 sponsor in the loop?