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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29025
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

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i am holding a B1/B2 visa and i just got married. can i change my visa status under my husband's h1b visa?

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

Are you in the US?

 

Judith

Customer: replied 4 years ago.

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

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 4 years 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.


 


 

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 4 years 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!

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 4 years 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?


 


 

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 4 years ago.

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.

Judith

Customer: replied 4 years ago.

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.

Judith

Customer: replied 4 years ago.

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.

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 Ludwic and other Immigration Law Specialists are ready to help you