What is the process of converting H1 to H4 for spouse?

Asked 3 months ago - Cincinnati, OH

My wife was on H4 visa when she came to USA. Last year I processed her H1 and she is currently on H1 visa since Oct.13. She has an employer but she has not yet find a client to pay salary and now a days she is on bench. I wish to convert her H1 back to H4. What would it cost and what is the process to do so?

Attorney answers (5)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    16

    Lawyers agree

    Answered . File an H-4. She can do this on her own if she wishes.

    Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all... more
  2. Robert Louis Brown

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . A change of status application must be filed. FYI her employer is required to pay her salary, her salary is not dependent on finding clients.

  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Done on Form I-539. Read the instructions.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  4. Ajay Kumar Arora

    Contributor Level 19

    5

    Lawyers agree

    Answered . Her employer filed the H1B petition, not you.

    If she was granted change of status to H1B, she is no longer in H4 status. She cannot be benched without violating her H1B status. She will probably have to depart the U.S.

    For case specific advice please consult with an immigration attorney. Contact info is in Avvo or at www.ailalawyer.com

  5. Alexander M. Ivakhnenko

    Contributor Level 20

    5

    Lawyers agree

    Answered . You seem to be a valuable addition to the American company with your professional talents of prospective contribution since it kindly sponsored you, therefore, ask the employer to kindly direct you to its attentive and considerate immigration visa counsel who will dispel your confusion momentarily.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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