My H1B runs out by the end of the month and my priority date is 7/16/13. Based on my estimate, I may or may not have enough time to get 140 approved and H1 extended beyond the end of this month. My hu*****and's priority is becoming current so I was going to submit the 485 together with him. However, the attorney notified me today that he needs me to change to the H4 status soon and need to include the H4 receipt in order to submit my 485.
I have four questions.
1. Why does he need the H4 receipt in order to submit my 485? Is it to prove that I am in status when the 485 is reviewed?
-You had better file I539 to change your status to H4 before your H-1 expires. Although you can file I-485 without a legal status using 245(k) benefit, you had better have a legal status, just in case, and the legal status will give you more flexible. Nothing loses to file I-539 (only pay the filing fee of $290).
2. If so, should I change to H4 in the U.S. or should I try to get a visa stamp overseas?
-Either.
The attorney mentioned that it will be quicker to take the trip back to China.
-That is true, but if you don't want to go to China, just file I-539 in US and provide the receipt for I-485 filing. USCIS will approve your H-4, anyway, as long as you file I-539 before your H-1 ends.
3. USCIS states that they will excuse a late filing caused by the government shutdown.
-The US Government has reopen for a few months, so your question does not exist.
Does it mean that I can submit my 140 and eventually H1 extension as long as I am less than 16 days late from the date I expire?
4. If the answer to 3 is yes, should I wait to see what happens with my H1B given that I will effectively end my H1 if I change to H4?
I have four questions.
1. Why does he need the H4 receipt in order to submit my 485? Is it to prove that I am in status when the 485 is reviewed?
-You had better file I539 to change your status to H4 before your H-1 expires. Although you can file I-485 without a legal status using 245(k) benefit, you had better have a legal status, just in case, and the legal status will give you more flexible. Nothing loses to file I-539 (only pay the filing fee of $290).
2. If so, should I change to H4 in the U.S. or should I try to get a visa stamp overseas?
-Either.
The attorney mentioned that it will be quicker to take the trip back to China.
-That is true, but if you don't want to go to China, just file I-539 in US and provide the receipt for I-485 filing. USCIS will approve your H-4, anyway, as long as you file I-539 before your H-1 ends.
3. USCIS states that they will excuse a late filing caused by the government shutdown.
-The US Government has reopen for a few months, so your question does not exist.
Does it mean that I can submit my 140 and eventually H1 extension as long as I am less than 16 days late from the date I expire?
4. If the answer to 3 is yes, should I wait to see what happens with my H1B given that I will effectively end my H1 if I change to H4?
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