Legal Question in Immigration Law in California

Re: H1B to H4

You need to apply for change of status but my recommendation is continue to keep H1B to continue your eligibility to work unless you are in fear of losing your job!!!

Re: H1B to H4

You should file for adjustment of status from H1 to H4 with evidence of being married to your wife and of her current nonimmigrant status.

Your lack of visa stamp on your passport should not matter, provided both of you saved your respective approval notices.

This is a fairly routine matter but I still recommend that you tread carefully. Let me know if you need any assistance.

PS

If you are interested, I am able to quote you a fixed fee in this matter.

Regards,

Re: H1B to H4

Thank you for your inquiry. As you are in the United States in current status you need only apply to change status to an H-4 visa holder. Please note that you will not be able to be employed under the H-4 visa as at the present time the BCIS does not allow H-4 visa holders to work. The fact that your H-1B visa was never issued into your passport will not be an impediment in obtaining an H-4 visa although a copy of the approval notice should be submitted with the application.

Please feel free to contact me directly if I may be of further assistance at 619.233.0900.

Sincerely,