-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).
Follow-up questions:
1. If I file I539 to change from H1 to H4 before H1 expires, do I have to use premium processing? If not, doesn't it take 3-4 months to approve? During that 3-4 months, I will most likely get the I140 approved and H1 extended (via premium processing) so that I can return to work asap. Wouldn't USCIS get confused when they get to review the I539 and think that I want to give up the newly extended H1 for H4?
2. Following the same logic from question 1, is it possible to revoke or rescind an I539 once it is submitted? If so, what is the cost?
3. Do I then have two options: A. Use premium processing on the H1 to H4 change so that there is complication once I am ready to switch back to H1? and B. Go back to China and get H4 through consulate processing to avoid the same complication?
Please advise. Thank you!!!!
Follow-up questions:
1. If I file I539 to change from H1 to H4 before H1 expires, do I have to use premium processing? If not, doesn't it take 3-4 months to approve? During that 3-4 months, I will most likely get the I140 approved and H1 extended (via premium processing) so that I can return to work asap. Wouldn't USCIS get confused when they get to review the I539 and think that I want to give up the newly extended H1 for H4?
2. Following the same logic from question 1, is it possible to revoke or rescind an I539 once it is submitted? If so, what is the cost?
3. Do I then have two options: A. Use premium processing on the H1 to H4 change so that there is complication once I am ready to switch back to H1? and B. Go back to China and get H4 through consulate processing to avoid the same complication?
Please advise. Thank you!!!!
