URGENT~!question about H1b to H4 COS

[lamer]

Hello all, 

 

   I need to change my H1b to H4 for family reunion.  I just got married at the beginning of September in Vegas, and I am still waiting for the Official Marriage Certificate. 

 

   My original plan is to leave my current job on 10/11, because I thought I could file I539 online at that time. But yesterday, I just realized H1b to H4 COS cannot be filed with ELIS.(my bad)

 

   My questions are

1. Can I use the gift copy of my marriage licence to submit my I-539 now, and resubmit the official copy once I get it. (just want to know if I could do this and get the receipt earlier)

 

2. My understanding is once I get the receipt, I am OK to stay in US, is it correct?

 

3. What is the current H1b to H4 COS processing time?I know it will take about 2.5 months to get it approved, but how about the receipt?

 

4. If I submit the I-539 but I did get my receipt on 10/11, and my employer notifies USCIS on 10/11, what I could do. Do I need to leave the US immediately? In this case, when I could come back with H4 Visa Stamp(until h4 approved?)

 

5. if I get the receipt before 10/11, what is my status at that time, H1b or H4, can I work for my employer till 10/11? 

 

I'd like to hear you advice for my current situation.

 

Thank you all in advance.

 

 

[jairichi]

Hello all, 

 

   I need to change my H1b to H4 for family reunion.  I just got married at the beginning of September in Vegas, and I am still waiting for the Official Marriage Certificate. 

 

   My original plan is to leave my current job on 10/11, because I thought I could file I539 online at that time. But yesterday, I just realized H1b to H4 COS cannot be filed with ELIS.(my bad)

 

   My questions are

1. Can I use the gift copy of my marriage licence to submit my I-539 now, and resubmit the official copy once I get it. (just want to know if I could do this and get the receipt earlier)

 

2. My understanding is once I get the receipt, I am OK to stay in US, is it correct?

 

3. What is the current H1b to H4 COS processing time?I know it will take about 2.5 months to get it approved, but how about the receipt?

 

4. If I submit the I-539 but I did get my receipt on 10/11, and my employer notifies USCIS on 10/11, what I could do. Do I need to leave the US immediately? In this case, when I could come back with H4 Visa Stamp(until h4 approved?)

 

5. if I get the receipt before 10/11, what is my status at that time, H1b or H4, can I work for my employer till 10/11? 

 

I'd like to hear you advice for my current situation.

 

Thank you all in advance.

1. I do not know the answer for this question.

2. That is correct.

3. Receipt you will get in less than a week.

4. You should be fine to stay.

5. Yes, you can work till 10/11.

[pontevecchio]

You can apply for a COS to H4 at any time as long as you are still in valid H1 status. Once the COS is on file you can wait for their approval even if it takes months. You can continue working till the H1 I94 expires or the COS to H4 is approved, whichever comes first.