H1b max out issue

[sourabh1983]

Hi 
Please let me know my options here , as my H1B is getting Max out in september and my wife is expecting with due date during same time. My wife is also working on H1b visa herself , what are my options ?

1) Can I apply dependent visa i.e H4 while I am working on H1B visa from US without traveling to India ?
2) Can USICS consider my case and can extend my visa for sometime till the delivery of my baby ?
3) Do I need to go back to India and apply for tourist visa ?

Any help is appreciated ..

[JoeF]

You can change to H4.

An H1 would not be extended for getting a child. How did you get that idea? There has been plenty of time to plan things. Last I looked, a pregnancy takes 9 months...

[jairichi]

Hi 

Please let me know my options here , as my H1B is getting Max out in september and my wife is expecting with due date during same time. My wife is also working on H1b visa herself , what are my options ?

1) Can I apply dependent visa i.e H4 while I am working on H1B visa from US without traveling to India ?

2) Can USICS consider my case and can extend my visa for sometime till the delivery of my baby ?

3) Do I need to go back to India and apply for tourist visa ?

Any help is appreciated ..

1. Yes, you can apply for COS using form I-539.

2. Refer 1.

3. Refer 1.

[t75]

As long as your wife is planning to take a standard US company maternity leave so as not to jeopardize her H1B, you should be able to COS to H4.

[sourabh1983]

I have not applied for GC. Could you please tell the process to change my status to h4 , and how much time it takes ?

 

[JoeF]

Form I-539.

[jairichi]

 

I have not applied for GC. Could you please tell the process to change my status to h4 , and how much time it takes ?

 

 

Fill form I-539 and provide all supporting documents including fee. 3 to 4 months.

[sourabh1983]

Please tell me do i require to apply for change of status using I 539 form for H4 ? Since as per this link http://www.**********.com/************.html it is not mentioned anywhere about I 539 .

Since I am on H1B is that the reason i want to apply for change of status ?

Is it safe to say that If i go to india then i dont have to apply for I 539 and directly go with supporting documents as mentioned in the above link ?

 

[jairichi]

Please tell me do i require to apply for change of status using I 539 form for H4 ? Since as per this link http://www.**********.com/************.html it is not mentioned anywhere about I 539 .

Since I am on H1B is that the reason i want to apply for change of status ?

Is it safe to say that If i go to india then i dont have to apply for I 539 and directly go with supporting documents as mentioned in the above link ?

 

Either you can apply for COS from H1B to H4 using form I539 and supporting documents or you can exit and enter US with a valid H4 visa and a copy of your spouse's I797.