Legal Question in Immigration Law in Michigan

H1 to H4 - Time short - Please help...

Situation: I just lost my job on aug-02-2007. My 7th year H1 exipred on Jul-31. My 8th year H1 was in process. I am trying to get H4 under my wife's H1 who is in her 1st year.

1) Is it true that I need to have my I-539 filed, and H4 approved within 10 days from the date of my termination?

2) Under the form I-539,

Question 3-f: ''Are you or any other person included in this application, now in removal proceeedings?'' So, Am I under removal proceedings, if my H1 is being cancelled by my previous employer. Yes/No ?

3) Ques 3-a: (I-539) If my labor was not approved yet, should I say No to ''has the applicant applied for immigrant visa''? 3-b ''has the applicant applied for immigrant petition''. is the answer to this also No?

4) Am I out of status from Aug-03 till the day I get my H4 in hand?

Please answer soon. I am trying to send the application on Monday Aug-04

Thanks !


Asked on 8/04/07, 7:37 pm

1 Answer from Attorneys
Caridad Cardinale Pastor & Associates, P.C.

Re: H1 to H4 - Time short - Please help...

Your inquiry does not explain all of your background which makes it much harder to answer your questions. I would need to see the prior petitions and your wife's proof of status in order to advise you correctly.

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Answered on 8/06/07, 4:06 pm


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