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Posted on 15 Apr 2009
Q.

H1-H4

My wife entered the US on an H4 visa(Jan 2007 - May 2009) based on my H1B(May2006 - May2009). She later got an H1B change of status approved(Oct 2007 - Oct 2010). She wasn't able to work and hence doesn't have paytubs/W2 etc.

I didn't ask my employer to file for her H4 extension as she was on her H1B. I now want her to be back on H4. Which of the following options is the best for me:

1) Use form I539 to extend her H4 since I still have some time(to be specific about 15 days till May 2009)?

2) Use form I539 to change her status from H1B to H4(dont have paystubs/W2/tax returns)?

3) Leave the US, have her go to the US consulate, get a H4 stamp and enter US(with a new I-94)? Will they ask her to show the H4 extension approval/notice of receipt from USCIS

User's Location: Philadelphia, Pennsylvania, United States of America
Category: H1B Visa (Work Visa)
Posted on 15 Apr 2009
A.
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User_thumb_31_Photo_James_Mayock

James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111

www.emvisa.com

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