How To Change From H1 To H4 Ead
Updated on March xv, 2022
Are you on an H1B visa and you've reached the stop of your employment agreement? Or is your H1B visa virtually to expire? Are you running out of time and wondering what you can do to stay in the U.Due south. with your family? There might be a fashion 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 irresolute status from H1B to H4 dependent visa. This will assist you stay in the U.Southward. and also allow you time to search for new employment. Use the data provided here to aid in your try for a dependent visa.
Can I Switch from an H1B Visa to an H4 Visa?
Yes, you tin can definitely switch from an H1B to H4 visa if y'all are eligible. You tin switch your visa status if you see the post-obit criteria:
- Your spouse has a valid H1B visa
- You are in a legal bona fide marriage with your spouse
- You won't exist working when your H4 visa is approved.
H1B to H4 Scenario
Many people face the unfortunate reality of losing employment. And the state of affairs becomes more urgent when those people are H1B visa holders. They don't only lose their job and livelihood, just they also lose their right to live and work in the U.S. These people need to find new means to keep the right to remain in the U.S. or else they are forced to leave or face removal procedures.
Then what can you lot practise if your employer informs you about your layoff? Do you accept an alternative visa condition that will grant y'all the correct to stay in the U.S.? Let'southward look at the following scenario.
You lot are an H1B visa holder and your employer has terminated your employment agreement. Your last solar day of employment is within two-3 months from at present (give or have a few days). You have a spouse who also has an employment-related visa (an H1B visa). Your spouse'south visa remains valid and their employment agreement withal remains intact. You could alter status from H1B to H4. We could likewise include someone in this scenario who has to forcibly change from H1B to a dissimilar status since they have reached the stop of the maximum H1B visa validity (which is 6 years).
You tin possibly change your status to a dependent visa if you convince the USCIS by post-obit the right procedures.
How to Transfer from H1B to H4
Your H1B visa status ends whenever your current employment agreement ends. The visa also ends equally presently every bit your 6-year maximum limit ends. Start your change of status process about 2-3 months before your current H1B visa ends. Information technology takes about ii-3 months for the average change of status case. File the right 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.
- Blessing notice – The approval discover of your electric current H1B visa.
- Form I-94 – Your latest Form I-94 Arrival/Departure Record.
- Paystubs – Paystubs for the terminal 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.
- Re-create of your wedlock document – Evidence proving a bona fide marriage.
Your H1B visa does not expire when your H4 visa is approved. Only you lot must finish working once your H4 visa is approved. You can, yet, possibly apply for an H4 EAD (Employment Say-so Document) which will let you to work.
You may be required to submit more evidence. Information technology'southward best to consult a legal adept similar an clearing chaser. They'll be able to inform y'all 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 y'all too need to pay an $85 fee for the biometric screening test. Each beneficiary included in the application must consummate 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 employ an immigration chaser in your immigration cases. These fees are much cheaper if you compare it to the costs you are forced to make if y'all have to motility back to your dwelling country.
H1B to H4 Processing Time
The processing fourth dimension for an H1B to H4 change of status is about 2-3 months. That is if your case has no issues and if y'all likewise have submitted the correct documents.
The USCIS may ask you lot for more information. They'll ship you an RFE (Request for Evidence). An RFE request from the USCIS will delay your processing fourth dimension. Ask an immigration attorney for assistance if you are unsure nigh the blazon of information required. Submit the extra information to gratify the USCIS. You lot must submit the data or else the USCIS won't approve your case. You don't want this to happen since it volition force you to motion back to your dwelling house country.
A negative remark similar a forced removal will wait very bad on your clearing records. This volition 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 modify of status is rejected. There are a few ways in which this tin play out and each has its own procedures. Let's await at the most prominent scenarios.
- Application for a new type of visa – You could possibly use and get a new blazon of visa before your current visa expires. Inquire an clearing chaser about which type of visa y'all should apply for (if any).
- Move back to your domicile country – You lot understand you don't have a valid visa anymore. Yous decide to move dorsum to your home country and go along with your immigration attempts from at that place.
- You lot 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 identify you under removal procedures if you don't depart.
We tin't make whatsoever assumptions or recommendations without noesis of your situation. Inquire an immigration attorney what your best pick is and execute it.
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Conclusion
Life in the U.S. holds many opportunities and y'all probably experienced it on your employment-related H1B visa. Y'all had a great chore and you could help provide for your family in the process. But for some reason, your H1B visa is expiring and you need to alter status.
Modify your visa status from H1B to H4 if you have a spouse with an H1 visa. This will aid you to go a valid visa status which allows yous to stay in the U.S. You may not work on an H4 visa but you could perhaps get an H4 EAD. This volition permit you the opportunity to get a job. Become some legal advice from an immigration attorney and start today.
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