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gitakrishna
May 27, 2009, 07:18 AM
My wife has valid H1 till dec 2010. But the problem is she does not have a job now. My questions are
1.can we still apply for change of status what are the documents needed?
2.I am a H1 holder.does change of status requires any pay-stubs or W2 of my wife or mine?
3. Can we travel outside US after getting change of status/ do we need stamping for h4 again?
4. What if I want my wife wants to get H1 again?
5. Will the previous H1 of my wife is void and have to apply for new H1?

DCcityboy
May 27, 2009, 08:49 AM
If she is in status and qualifies for the H-4, she can apply for the COS. You need to show you are currently in valid H-1B status and that you are married.

You need to be in current H-1B status for her H-4 COS. The USCIC may issue and RFE for evidence of your current H-1B status.

She will need the H-4 visa stamped in her passport to enter the US as an H-4. her current H-1B visa doesn't allow her to enter as an H-4.

If she has another H-1B petitioner, they file the COS, same as her previous H. she will already have been counted for the H-1B allocation so she can file at anytime (if she hasn't used up all 6 years for H-1 eligibility).

H petitions are employer specific. She needs a new H petition and I-797 approval notice.