H1 to H4 COS concerns

[rbanthia]

My wife is currently on H1 and works in a different city in US and wants to convert to H4. Couple of general concerns on the H1 to H4 conversion:

- How long is the process in general once the application is filed? Is there a premium processing for H4?

- Since the COS will be filed, would the I-94 come along with the I797 approval notice so she can maintain the H4 status while in the country ? Is there a requirement to step out and get a H4 visa?

- She was previously on H4 for 4.5 years from 2004-2008. Will she get the h4 only for the balance of 1.5 year or can get the H4 until my H1 time?

Greatly appreciate your responses.

[pontevecchio]

- How long is the process in general once the application is filed?

2-3 months.

Is there a premium processing for H4?

NO

- Since the COS will be filed, would the I-94 come along with the I797 approval notice so she can maintain the H4 status while in the country ?

H4 is only a status and not a petition. So the 797 notice will only be for receipt. If her COS is approved she will get a suitable I94. If she applies and gets the receipt before she quits her H1 job she is legal to stay.

Is there a requirement to step out and get a H4 visa?

The VISA is only an entry document. If she travels she will need the visa to come back along with your H1 approval.

- She was previously on H4 for 4.5 years from 2004-2008. Will she get the h4 only for the balance of 1.5 year or can get the H4 until my H1 time?

Periods in H1 status are currently delinked from periods in H4 status and she can be in H4 status for ever as long as you have H1 status.

[rbanthia]

Thanks for your response.

Looking for some clarification on your below statement:

"H4 is only a status and not a petition. So the 797 notice will only be for receipt. If her COS is approved she will get a suitable I94. If she applies and gets the receipt before she quits her H1 job she is legal to stay".

- Does this mean that she can leave her job on the day when the H4 status is filed or she had to wait until the receipt comes thru?

- Generally how long is the process between the filing and getting the receipt ?

- Is there an option to leave once the approval come thru ?

Appreciate your advise .

[pontevecchio]

- Does this mean that she can leave her job on the day when the H4 status is filed or she had to wait until the receipt comes thru?

File tomorrow and once she gets the receipt in a weeks time she can resign the H1 job. She can resign this evening and leave the country in a few days and come back later on the H4 visa.

- Generally how long is the process between the filing and getting the receipt ?

A week.

- Is there an option to leave once the approval come thru ?

Yes and/or before the approval.

[rbanthia]

Thanks for the info.Does she have the necessarily leave the country and come back on H4? Wouldn't the 797 come along with the I-94 ?

Appreciate yur inputs

[MyFavourite]

hi pontevecchio

I have similar case and following your answers on this thread.

Here my question is---

1.If I539 is in pending/processing and spouse travels out side the US, will that application considers abanded ?

2. when they go for h4 visa stamp, do spouse need I797 approval for changing her immigration status (from h1 to h4) OR Husbands h1b approval -I797 notice would be sufficient.

-Pls advise