Urgent!!! need help with I539 COS from H1-H4

MorningDawn

By MorningDawn,
in H1B : H-4 Issues

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MorningDawn Newbie

MorningDawn

Posted
Posted

Hello everyone,

 

Need help filing I539 COS application

 

My H1 visa is expiring on September 18,2013.

My perm has been filed in the sixth year of H1 Visa in April 2013 but is still in Process,

I am running out of time and about to apply for I539 COS to H4 on my Husband's H1B.

 

I have couple of concerns, 

 

I have only 35 days more before my h1 is expired and ( they said that i need to file I539 atleast 45 days before it expires). do any of you know if it will be a problem.

 

i started filling out the I539 form and stumbled at 2 questions:

"Are you or any other person included on the application, an applicant for an immigrant Visa?" 

"Has an immigrant petition ever been filed for you or for any other person included in this application?"

 

My perm has been filed but is still in process and i140 has not been filed yet so do i need to answer these questions with Yes or No.

I just want to make sure i apply correctly as i dont have any attorney representing me.

 

Any help is greatly appreciated.

 

Thank you all very much in Advance

vamsikrish Newbie

vamsikrish

Posted
Posted
My PERM was filed on Dec 18th 2012 and the my H1B 6 years tenure will be completed by Oct 19th 2013. There is an audit on it and the best option seems to be converting into H4 status (my wife is on H1B) during the intervening period till I am eligible for 7th year extension.

 

1. When should i start the H1B to H4 conversion process ? 

2. I would like to continue working as long as possible (till the week of Oct 19th). Is this possible ?

3. Can i work after getting the receipt ?

4. Incase the H4 extension approval is done after Oct 19th (say Nov 1st), will I be considered as 'Out of Status' for the period between Oct 19th and Nov 1st.

 

Thank s in advance for any help on this.

pontevecchio Advanced Member

pontevecchio

Posted
Posted

1. Maybe 3 weeks before October,19. You need a receipt before you go out of status.

2. You can keep working till the last day or the H1 as the COS will take a few months to come through.

3. You can work till THE LAST DAY IN h1

4. yOU WILL BE IN STATUS AWAITING cos FROM h1 TO h4.

 

Are you checking your Lawyers Take?

jairichi Advanced Member

jairichi

Posted
Posted

 

My PERM was filed on Dec 18th 2012 and the my H1B 6 years tenure will be completed by Oct 19th 2013. There is an audit on it and the best option seems to be converting into H4 status (my wife is on H1B) during the intervening period till I am eligible for 7th year extension.
 
1. When should i start the H1B to H4 conversion process ? 
2. I would like to continue working as long as possible (till the week of Oct 19th). Is this possible ?
3. Can i work after getting the receipt ?
4. Incase the H4 extension approval is done after Oct 19th (say Nov 1st), will I be considered as 'Out of Status' for the period between Oct 19th and Nov 1st.
 
Thank s in advance for any help on this.

 

(1) You could start the process by 1st week of October.

(3) I believe you could work till Oct 19th as it will take at least 2.5 months to get COS approval. Wait for other senior members response

(4) As long as your application of COS is pending with USCIS your stay in US is legal.

MorningDawn Newbie

MorningDawn

Posted
  • Author
Posted

Vamsikrish,

 

I think i will be able to answer few of your questions  as i am in the same situation as yours but my perm was applied late, in april 2013. and h1 expires on 18th sep.

 

1. When should i start the H1B to H4 conversion process ?  atleast before 45 days is what is recommended in the USCIS website
2. I would like to continue working as long as possible (till the week of Oct 19th). Is this possible ? i completely understand your situation  wanting to work till the end but we cannot select the starting date for H4 so, i think if you apply anywhere between 45-35 days expiration date you should be good because the processing time is 2.5 months and you will be able to work till the end.
3. Can i work after getting the receipt ? yes I think so, i am going to do the same, i just applied for I539.
4. Incase the H4 extension approval is done after Oct 19th (say Nov 1st), will I be considered as 'Out of Status' for the period between Oct 19th and Nov 1st.
as long as you receive your receipt  for your I539 application before oct 19th you should be fine.
 
this is just from my knowledge , so please do not base your decisions on these answers.
 
 
vamsikrish Newbie

vamsikrish

Posted
Posted

 

Vamsikrish,

 

I think i will be able to answer few of your questions  as i am in the same situation as yours but my perm was applied late, in april 2013. and h1 expires on 18th sep.

 

1. When should i start the H1B to H4 conversion process ?  atleast before 45 days is what is recommended in the USCIS website
2. I would like to continue working as long as possible (till the week of Oct 19th). Is this possible ? i completely understand your situation  wanting to work till the end but we cannot select the starting date for H4 so, i think if you apply anywhere between 45-35 days expiration date you should be good because the processing time is 2.5 months and you will be able to work till the end.
3. Can i work after getting the receipt ? yes I think so, i am going to do the same, i just applied for I539.
4. Incase the H4 extension approval is done after Oct 19th (say Nov 1st), will I be considered as 'Out of Status' for the period between Oct 19th and Nov 1st.
as long as you receive your receipt  for your I539 application before oct 19th you should be fine.
 
this is just from my knowledge , so please do not base your decisions on these answers.
 
 

 

Thank you for the reply. Let me know when you get the receipt.

vamsikrish Newbie

vamsikrish

Posted
Posted

(1) You could start the process by 1st week of October.

(3) I believe you could work till Oct 19th as it will take at least 2.5 months to get COS approval. Wait for other senior members response

(4) As long as your application of COS is pending with USCIS your stay in US is legal.

 

 

(1) You could start the process by 1st week of October.

(3) I believe you could work till Oct 19th as it will take at least 2.5 months to get COS approval. Wait for other senior members response

(4) As long as your application of COS is pending with USCIS your stay in US is legal.

Thanks a lot Jairichi and Pontevecchio for your response. I will be getting through this with an attorney.

pontevecchio

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