Change of status procedure
Jul 30th 2003, 6:27 am
#1
Guest
Posts: n/a
Change of status procedure
Hi,
I am currently in the US on an F2 Visa. I have finally found a sponsor
for my H1-B visa and would like to do a change of status from F2 to
H1-B. Could someone please give me a list of all the forms I am going
to have to fill up and also tell me what the procedure is like.
Thank you,
I am currently in the US on an F2 Visa. I have finally found a sponsor
for my H1-B visa and would like to do a change of status from F2 to
H1-B. Could someone please give me a list of all the forms I am going
to have to fill up and also tell me what the procedure is like.
Thank you,
Jul 30th 2003, 7:10 am
#2
Forum Regular
Joined: Jun 2003
Posts: 65
You should probably hire a lawyer. Otherwise, you need to do a very thorough research online and read this forum a lot, since ther are a lot of details you will need to know. This is 3 step process and there is a lot of paperwork involved. First you need to detemine the prevailing wage for your position in your geographic area, next you need to file an LCA form with Dept. of Labor. If LCA gets certified, your employer files a petition for non immigrant worker with BCIS (forms I-129, Supplement H and W, certified LCA, degree proofs, passport, I-20, I-94 etc.). The aplication fee is $130 plus $1000 if your employer is not a non-profit or educational organization. If you want it done in 15 days it will cost $1000 extra, otherwise it takes several months. I strongly recommend to use a lawyer of you can afford it, or at least do a very thorough research online.
Jul 30th 2003, 12:37 pm
#3
Guest
Posts: n/a
Re: Change of status procedure
There is very little I can add to Vestalka's excellent post.
I'll ust add a few more general notes: you really don't need to worry
about much. Of course it helps for you to understand the process, but all
paperwork is actually filed by the employer. Your responsibility is
basically limited to just making sure that the employer's lawyer doesn't
screw up, looking over the paperwork to avoid mistakes, making sure that
everything is timely filed, etc.
Of course, you also need to provide your transcript and diploma, birth
certificates.
If you want to get an H-4 for your spouse or children, don't forget to
also provide the appropriate documentation for them, and to make sure the
lawyer files their paperwork together with yours.
Since you are in the US on an F-2, you must have an F-1 spouse. Think
about switching your spouse to H-4 status. There are advantages and
drawbacks to doing that, so carefully consider the implications.
Ingo
On Wed, 30 Jul 2003 11:27:30 -0700, mapexvenus wrote:
> Hi,
> I am currently in the US on an F2 Visa. I have finally found a sponsor
> for my H1-B visa and would like to do a change of status from F2 to
> H1-B. Could someone please give me a list of all the forms I am going to
> have to fill up and also tell me what the procedure is like.
>
> Thank you,
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
I'll ust add a few more general notes: you really don't need to worry
about much. Of course it helps for you to understand the process, but all
paperwork is actually filed by the employer. Your responsibility is
basically limited to just making sure that the employer's lawyer doesn't
screw up, looking over the paperwork to avoid mistakes, making sure that
everything is timely filed, etc.
Of course, you also need to provide your transcript and diploma, birth
certificates.
If you want to get an H-4 for your spouse or children, don't forget to
also provide the appropriate documentation for them, and to make sure the
lawyer files their paperwork together with yours.
Since you are in the US on an F-2, you must have an F-1 spouse. Think
about switching your spouse to H-4 status. There are advantages and
drawbacks to doing that, so carefully consider the implications.
Ingo
On Wed, 30 Jul 2003 11:27:30 -0700, mapexvenus wrote:
> Hi,
> I am currently in the US on an F2 Visa. I have finally found a sponsor
> for my H1-B visa and would like to do a change of status from F2 to
> H1-B. Could someone please give me a list of all the forms I am going to
> have to fill up and also tell me what the procedure is like.
>
> Thank you,
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
Jul 30th 2003, 4:45 pm
#4
Guest
Posts: n/a
Re: Change of status procedure
Vestalka wrote in message news:...
> You should probably hire a lawyer. Otherwise, you need to do a very
> thorough research online and read this forum a lot, since ther are a lot
> of details you will need to know. This is 3 step process and there is a
> lot of paperwork involved. First you need to detemine the prevailing
> wage for your position in your geographic area, next you need to file an
> LCA form with Dept. of Labor. If LCA gets certified, your employer files
> a petition for non immigrant worker with BCIS (forms I-129, Supplement H
> and W, certified LCA, degree proofs, passport, I-20, I-94 etc.). The
> aplication fee is $130 plus $1000 if your employer is not a non-profit
> or educational organization. If you want it done in 15 days it will cost
> $1000 extra, otherwise it takes several months. I strongly recommend to
> use a lawyer of you can afford it, or at least do a very thorough
> research online.
Thank you. I will definitely hire a lawyer, I just need to know the
specific forms that I need to fill. Do I need to fill the I 539 also??
thanks,
> You should probably hire a lawyer. Otherwise, you need to do a very
> thorough research online and read this forum a lot, since ther are a lot
> of details you will need to know. This is 3 step process and there is a
> lot of paperwork involved. First you need to detemine the prevailing
> wage for your position in your geographic area, next you need to file an
> LCA form with Dept. of Labor. If LCA gets certified, your employer files
> a petition for non immigrant worker with BCIS (forms I-129, Supplement H
> and W, certified LCA, degree proofs, passport, I-20, I-94 etc.). The
> aplication fee is $130 plus $1000 if your employer is not a non-profit
> or educational organization. If you want it done in 15 days it will cost
> $1000 extra, otherwise it takes several months. I strongly recommend to
> use a lawyer of you can afford it, or at least do a very thorough
> research online.
Thank you. I will definitely hire a lawyer, I just need to know the
specific forms that I need to fill. Do I need to fill the I 539 also??
thanks,
Jul 31st 2003, 1:47 am
#5
Forum Regular
Joined: Jun 2003
Posts: 65
Your spouse will need to fill out this one, if she/he will be applying for H24 status. Otherwise, you will not need to fill it out for yourself, since request for the change of status is imbedded into I-129. As for the forms, since you plan to hire a lawyer, he will do it all, you do not need to worry.
Jul 31st 2003, 9:24 am
#6
Guest
Posts: n/a
Re: Change of status procedure
Vestalka wrote in message news:...
> Your spouse will need to fill out this one, if she/he will be applying
> for H24 status. Otherwise, you will not need to fill it out for
> yourself, since request for the change of status is imbedded into I-129.
> As for the forms, since you plan to hire a lawyer, he will do it all,
> you do not need to worry.
My spouse will continue to retain her F1 Visa since she has another 4
more years of school. I was unclear about the I-539 and whether this
is the form I should be filling up because the BCIS site kinda
confused me. Yes, I assume that the lawyer will tell me which forms to
fill, but I was just making sure. I spoke to someone who said that I
need to fill the I-539 so I was just trying to sort that out.
> Your spouse will need to fill out this one, if she/he will be applying
> for H24 status. Otherwise, you will not need to fill it out for
> yourself, since request for the change of status is imbedded into I-129.
> As for the forms, since you plan to hire a lawyer, he will do it all,
> you do not need to worry.
My spouse will continue to retain her F1 Visa since she has another 4
more years of school. I was unclear about the I-539 and whether this
is the form I should be filling up because the BCIS site kinda
confused me. Yes, I assume that the lawyer will tell me which forms to
fill, but I was just making sure. I spoke to someone who said that I
need to fill the I-539 so I was just trying to sort that out.
Jul 31st 2003, 10:48 am
#7
Guest
Posts: n/a
Re: Change of status procedure
Vestalka wrote in message news:...
> Your spouse will need to fill out this one, if she/he will be applying
> for H24 status. Otherwise, you will not need to fill it out for
> yourself, since request for the change of status is imbedded into I-129.
> As for the forms, since you plan to hire a lawyer, he will do it all,
> you do not need to worry.
The other question I had was whether I can start working as soon as I
file or whether I should wait for the approval, which I understand can
take several months.
> Your spouse will need to fill out this one, if she/he will be applying
> for H24 status. Otherwise, you will not need to fill it out for
> yourself, since request for the change of status is imbedded into I-129.
> As for the forms, since you plan to hire a lawyer, he will do it all,
> you do not need to worry.
The other question I had was whether I can start working as soon as I
file or whether I should wait for the approval, which I understand can
take several months.
Jul 31st 2003, 12:24 pm
#8
Guest
Posts: n/a
Re: Change of status procedure
"mapexvenus" wrote in message
news:[email protected]...
> Vestalka wrote in message
news:...
> > Your spouse will need to fill out this one, if she/he will be applying
> > for H24 status. Otherwise, you will not need to fill it out for
> > yourself, since request for the change of status is imbedded into I-129.
> > As for the forms, since you plan to hire a lawyer, he will do it all,
> > you do not need to worry.
> The other question I had was whether I can start working as soon as I
> file or whether I should wait for the approval, which I understand can
> take several months.
The H-1B petition must be approved before you can begin working legally. If
a premium processing fee of $1000 is submitted in addition to the regular
fee, BCIS will adjudicate the petition within 2 weeks. Otherwise, yes, H-1B
petitions are taking several months.
news:[email protected]...
> Vestalka wrote in message
news:...
> > Your spouse will need to fill out this one, if she/he will be applying
> > for H24 status. Otherwise, you will not need to fill it out for
> > yourself, since request for the change of status is imbedded into I-129.
> > As for the forms, since you plan to hire a lawyer, he will do it all,
> > you do not need to worry.
> The other question I had was whether I can start working as soon as I
> file or whether I should wait for the approval, which I understand can
> take several months.
The H-1B petition must be approved before you can begin working legally. If
a premium processing fee of $1000 is submitted in addition to the regular
fee, BCIS will adjudicate the petition within 2 weeks. Otherwise, yes, H-1B
petitions are taking several months.
