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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24293
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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i am holding a B1/B2 visa and i just got married. can i change

Resolved Question:

i am holding a B1/B2 visa and i just got married. can i change my visa status under my husband's h1b visa?
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Judith replied 10 months ago.

Hello, my name is Judith. Thank you for this opportunity to answer your questions.

Are you in the US?

 

Judith

Customer: replied 10 months ago.

Yes, I am currently in US. I have entered US since the beginning of May. It will expire at Oct. 15th.

Expert:  Judith replied 10 months ago.

Yes, you ay file form I-539 and apply fr a change of status to H4.

You need to submit the following

Form I-529

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.

 

Judith

Customer: replied 10 months ago.

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.


 


 

Expert:  Judith replied 10 months ago.

You missed it on page 2 #9 it refers to dependents of H visa holders.

http://www.uscis.gov/files/form/i-539instr.pdf

Judith

Customer: replied 10 months ago.

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?


 


Thank you!

Expert:  Judith replied 10 months ago.

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.

 

Judith

Customer: replied 10 months ago.

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?


 


 

Expert:  Judith replied 10 months ago.

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.

 

Judith

Customer: replied 10 months ago.

Can I leave US in the limbo period until a decision is made?

Expert:  Judith replied 10 months ago.

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.

Judith

Customer: replied 10 months ago.

If my husband get a green card later, and I also have H4 by that time, what do I need to do?

Expert:  Judith replied 10 months ago.

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.

Judith

Customer: replied 10 months ago.

Sorry for the question.


 


Regards XXXXX XXXXX H4 visa question, are there any supporting documents that can make the process goes easier?

Expert:  Judith replied 10 months ago.

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.

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.

 

Judith

 

 

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24293
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 3 other Immigration Law Specialists are ready to help you

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