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COS from H1B to H4 EAD Step by Step GUIDE.

COS from H1B  to H4 EAD Step by Step GUIDE.

1) how much time it would take?

2 to 3 months

2) what forms and evidence is required?

I539 for change of status and I765 for H4 EAD. Detailed documents of evidence are below

3) can we apply  ourselves or do we need to get it applied through our employer or lawyer?

Both are your personal applications you can do it yourself .

4) will I be in valid status and continue working with my current employer while the H4& EAD is in progress?

Yes,

6) is it mandatory to leave my current employer from the day my H4 & EAD is approved?

If both are approved together you can work as long as EAD is valid. If H4 is approved before EAD, you must stop working. You need either H1B  status or EAD to keep working.

 

Documents for  change of status from H1B to H4:

1)            Complete the  form I-539 http://www.uscis.gov/i-539 and take a printout.

2)            Check for $300 (Check USCIS website http://www.uscis.gov/fees)

3)            Copy of the existing H1B  approval notices.

4)            Copy of the passport including the biographical information.

5)            Copy of the valid H1B  visa

6)            Copy of form I-94- https://i94.cbp.dhs.gov/I94/request.html;jsessionid=yn4dVtnN829LyMRLvf2423mR2wNbwM2CNhvYlJByt3y92NTkbhJt!975261647

7)            Latest pay slips for the last 3 months

8)            Copy of the marriage certificate

 

Documents needed from primary H1B applicant (Spouse)

1)            Employment verification letter

2)            Copy of form I-129

3)            Copy of H1B  approval notice (form I-797 )

4)            Copy of the passport including the biographical information.

5)            Copy of the valid H1B  visa.

6)            Copy of form I-94

7)            Copy of the form AR-11 that was already submitted to USCIS for the change in address .

8)            Latest pay slips for the last 3 months

 

Documents for H4EAD:

FORM G1145: http://www.uscis.gov/sites/default/files/files/form/g-1145.pdf   

FORM I765: http://www.uscis.gov/i-765

  1. copy of Valid H1B Visa of the Spouse
  2. copy of Approved I-140 or evidence that the H-1B visa holder has received a one year extension pursuant to AC21.
  3. Pay Stubs of the last 3 months of spouse on H1B
  4. copy of Birth Certificates
  5. copy of Marriage Certificate
  6. copy of I-94 – Learn how to get your I94 at http://resultsocean.com/2014/12/30/validate-i94-soon-pass-immigration-officer-airport/
  7. Last EAD copy if any.
  8. Passport copy -Biometric page
  9. previous H4 Visa copy
  10. 2 Passport Size Color Photo
  11. Cover letter . Refer:http://resultsocean.com/2015/05/16/h4-ead-sample-cover-letter/

THE ADDRESS TO SEND THE PACKAGE http://www.uscis.gov/i-765-addresses

FORM I765 FILING INSTRUCTIONS:

http://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf

 

IMPORTANT!
Make 2 copies of the entire EAD package before you send it . This includes the money orders as well.All Forms that you submit must be originals with original signatures. Supporting Evidence must be photocopies. Never send any original supporting Evidence. USCIS may issue RFE (Request For Evidence). If you receive an RFE, follow the direction in the RFE, and make two copies before sending any supporting evidence copies to USCIS.

Place all the COS documents and H4EAD documents in a single envelope and ensure you don’t staple it. Follow the instructions specified in I765 and I539 form and mail the same.

 

SAMPLE COVER LETTER FOR APPLYING TOGETHER COS FROM H1B to H4 AND FOR  H4EAD

Dear U.S. Department of Homeland Security Official:

I am currently in the U.S. holding a  H1B  visa and would like permission to change my visa to H4 and also avail  H4EAD. I am currently Employed with ABC INC Since XX years and my Petitioner is :

My Spouse is on H1b and currently works for XXX Company since XX years. He has an approved I140. The detailed evidence has been attached along with the needed forms.

 

Kindly approve my COS from H1B to H4 and also grant  H4 EAD .

I do not wish to leave the U.S. at the present time to change my status because I would suffer the following hardship: _____________________ _____________________________________________________________.

My permanent address  is: _____________________________.

 

Your assistance and prompt attention to this matter is appreciated.

Sincerely,

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