Ask an Immigration Lawyer. Get an Answer ASAP.
Hello, my name is Judith. Thank you for this opportunity to answer your questions.
Are you in the US?
Yes, I am currently in US. I have entered US since the beginning of May. It will expire at Oct. 15th.
Yes, you ay file form I-539 and apply fr a change of status to H4.
You need to submit the following
Filing fee $290
Copy of your biographic page of passport, visa stamp and I-94
Copy of your spouse's biographic page of passport, visa stamp and I-94
Copy of your spouse's I-797 H1B approval notice
Copy of your spouse's past 3 months payroll history to show he has remained in status.
I have visited the US Citizenship and Immigration Services website. The website only has I-539, and it lists that I can change visa status to B1,B2, F1, F2, J1, J2, M1, or M2. It does not say H4.
You missed it on page 2 #9 it refers to dependents of H visa holders.
Do you mean that I can apply change of status within US?
How long does it take to process?
Since my B1/B2 visa is expiring soon (by Oct 15), if I cannot get H4 before then, do I need to leave US?
Yes, you may file the I-539 here in the US anytime before your I-94 expires.
You may remain in the US after your I-94 expires while you wait for a decision on your change of status.
You do not need to leave the US while you wait and it will take approximately 3-5months for the USCIS to process your request.
While I am waiting for a decision on my change of status, and my current I-94 is expired, will I get any temporary visa for my short term stay?
No you are in a period of stay authorized by the attorney general. It is neither being in or out of status.
It is what you might most easily understand as a limbo period until a decision is made.
Can I leave US in the limbo period until a decision is made?
No, you would then abandon your request for a change of status.
You would have to apply for an H4 visa at the US consulate in your country to return.
If my husband get a green card later, and I also have H4 by that time, what do I need to do?
It is very satisfying to have you as a customer on JustAnswer. It shows you have confidence in our service.
However, you new question about the process for your permanent residence based on your husband's status is a new and different question.
Your original question was bout a change of status from B to H4. I appreciate your positive rating for my detailed answers to this question.
You may begin a new question thread after rating my answer regarding you questions about permanent residence.
Sorry for the question.
Regards XXXXX XXXXX H4 visa question, are there any supporting documents that can make the process goes easier?
Please do not be sorry for asking new questions. You may want to consider a subscription that allows unlimited new questions.
You can begin new question threads with "FOR JUDITH" and I would be your personal expert.
These are the documents you need to file with the I-539 to make it go smoother.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).