How Easy is H1 to H4 Conversion and Back to H1
Updated on April 28, 2022
Are you on an H1B visa and you've reached the end of your employment agreement? Or is your H1B visa about to expire? Are you running out of time and wondering what you can do to stay in the U.S. with your family? There might be a way for you to get a dependent visa and remain with your family.
If your spouse has an H1B visa you might have a very good shot at changing status from H1B to H4 dependent visa. This will help you stay in the U.S. and also allow you time to search for new employment. Use the information provided here to aid in your effort for a dependent visa.
Can I Switch from an H1B Visa to an H4 Visa?
Yes, you can definitely switch from an H1B to H4 visa if you are eligible. You can switch your visa status if you meet the following criteria:
- Your spouse has a valid H1B visa
- You are in a legal bona fide marriage with your spouse
- You won't be working when your H4 visa is approved.
H1B to H4 Scenario
Many people face the unfortunate reality of losing employment. And the situation becomes more urgent when those people are H1B visa holders. They don't only lose their job and livelihood, but they also lose their right to live and work in the U.S. These people need to find new ways to keep the right to remain in the U.S. or else they are forced to leave or face removal procedures.
So what can you do if your employer informs you about your layoff? Do you have an alternative visa status that will grant you the right to stay in the U.S.? Let's look at the following scenario.
You are an H1B visa holder and your employer has terminated your employment agreement. Your last day of employment is within 2-3 months from now (give or take a few days). You have a spouse who also has an employment-related visa (an H1B visa). Your spouse's visa remains valid and their employment agreement still remains intact. You could change status from H1B to H4. We could also include someone in this scenario who has to forcibly change from H1B to a different status since they have reached the end of the maximum H1B visa validity (which is 6 years).
You can possibly change your status to a dependent visa if you convince the USCIS by following the correct procedures.
How to Transfer from H1B to H4
Your H1B visa status ends whenever your current employment agreement ends. The visa also ends as soon as your 6-year maximum limit ends. Start your change of status process about 2-3 months before your current H1B visa ends. It takes about 2-3 months for the average change of status case. File the correct paperwork with the USCIS to get the process going.
You need to file the following documents to change from H1B to H4 visa:
- Form I-539 – Application to change nonimmigrant status.
- Copies of passports – Both you and your spouse's passports.
- Approval notice – The approval notice of your current H1B visa.
- Form I-94 – Your latest Form I-94 Arrival/Departure Record.
- Paystubs – Paystubs for the last year for both you and your spouse.
- Copy H1 visa – Your spouse's employment-related visa.
- H1 visa approval notice – The copy confirming your spouse's H1 visa.
- Copy of your marriage certificate – Evidence proving a bona fide marriage.
Your H1B visa does not expire when your H4 visa is approved. But you must stop working once your H4 visa is approved. You can, however, possibly apply for an H4 EAD (Employment Authorization Document) which will allow you to work.
You may be required to submit more evidence. It's best to consult a legal expert like an immigration attorney. They'll be able to inform you about your specific requirements and procedures to get your H4 visa.
H1B to H4 Cost
Many types of USCIS documentation requires a filing fee. The Form I-539 has a filing fee of $370. But you also need to pay an $85 fee for the biometric screening test. Each beneficiary included in the application must complete a biometric screening test.
These expenses do not include any traveling costs. You may also need to budget for the fees required by your legal counsel if you opt to use an immigration attorney in your immigration cases. These fees are much cheaper if you compare it to the costs you are forced to make if you have to move back to your home country.
H1B to H4 Processing Time
The processing time for an H1B to H4 change of status is about 2-3 months. That is if your case has no issues and if you also have submitted the correct documents.
The USCIS may ask you for more information. They'll send you an RFE (Request for Evidence). An RFE request from the USCIS will delay your processing time. Ask an immigration attorney for assistance if you are unsure about the type of information required. Submit the extra information to appease the USCIS. You must submit the information or else the USCIS won't approve your case. You don't want this to happen since it will force you to move back to your home country.
A negative remark like a forced removal will look very bad on your immigration records. This will make your future visa applications a bit tougher. Sort this out before it becomes a problem.
What if Your H1B to H4 Application is Rejected?
It's not nice if your H1B to H4 change of status is rejected. There are a few ways in which this can play out and each has its own procedures. Let's look at the most prominent scenarios.
- Application for a new type of visa – You could possibly apply and get a new type of visa before your current visa expires. Ask an immigration attorney about which type of visa you should apply for (if any).
- Move back to your home country – You understand you don't have a valid visa anymore. You decide to move back to your home country and proceed with your immigration attempts from there.
- You overstay and face removal procedures – You don't have a valid visa anymore. You aren't allowed to stay or work in the U.S. The USCIS knows this since they keep this information on record. They will place you under removal procedures if you don't depart.
We can't make any assumptions or recommendations without knowledge of your situation. Ask an immigration attorney what your best option is and execute it.
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Conclusion
Life in the U.S. holds many opportunities and you probably experienced it on your employment-related H1B visa. You had a great job and you could help provide for your family in the process. But for some reason, your H1B visa is expiring and you need to change status.
Change your visa status from H1B to H4 if you have a spouse with an H1 visa. This will help you to get a valid visa status which allows you to stay in the U.S. You may not work on an H4 visa but you could perhaps get an H4 EAD. This will allow you the opportunity to get a job. Get some legal advice from an immigration attorney and start today.
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Source: https://www.stilt.com/blog/2019/12/h1b-to-h4/
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