What is the general process for converting from H1 to H4?Please advise asap!!

[gayatrimv]

Hello, 

 

If someone has a few months (4-5) left on their 6th year of H1B and wants to convert to H4 because the spouse is on valid H1 .What is the general process?I read that all you need to do is file a change of status from H1 to H4 with the spouse's H1B and marriage certificat .You can file this while you are in USA.

 

Only when you go out of USA,you need to get H4 stamped.Am I understanding this right ?Any imput or feedback will be much appreciated.

[jairichi]

Your understanding is correct. Form I539 with supporting documents and fee.

[gayatrimv]

Thank u !

[Kalived]

Hi, 

 

I wanted to expand on Gayatri's question,

 

Additionally, will I have to inform my firm and request for sponsoring my wife's H4? (As my H1B will be used towards filling the I-539)

 

Also, is it possible in the future that my wife can convert back to H1 if her employer/or another employer is willing to sponsor it? 

 

Thanks in advance! 

[jairichi]

Hi, 

 

I wanted to expand on Gayatri's question,

 

Additionally, will I have to inform my firm and request for sponsoring my wife's H4? (As my H1B will be used towards filling the I-539)

 

Also, is it possible in the future that my wife can convert back to H1 if her employer/or another employer is willing to sponsor it? 

 

Thanks in advance! 

 

It is not mandatory for H1B employer to file for your spouse's H4. You can request them.

If your wife already had a cap subject H1B petition and have not used the maximum allowed of 6 years on H1B then any employer can file a cap exempt H1B petition.

[Kalived]

It is not mandatory for H1B employer to file for your spouse's H4. You can request them.

If your wife already had a cap subject H1B petition and have not used the maximum allowed of 6 years on H1B then any employer can file a cap exempt H1B petition.

Thank you Jairichi! It's good to know that converting H1 to H4 needs a form I-539 , however, I had a quick followup question, wouldn't my wife need an employer sponsored H4 at the time of stamping (whenever she travels from India to US)?