H-1B Approved in Lottery this year? Don't forget about your spouse, change to H-4 status

By Kaitlyn Garcia, Immigration Attorney, KNG Law, Tampa, FL

It’s H-1B RFE season now and teams of HR, employees, and attorneys are swirling around pulling documents left and right to answer the detailed inquiries USCIS has issued them.

To get an H-1B approval has become a difficult feat in the past few years — only those that have detailed documentation, are organized, and have a bit of persistance can successfully overcome the challenges that USCIS has imposed on the H-1B visa program. KNG Law will share more in the coming days about how to stay focused on the approval and present the best case possible when answering H-1B RFEs this summer 2019. Stay alert for our blog articles by subscribing to this blog for new blog alerts in your email when new articles are published, and also follow our new YouTube channel (Yes, we will start showing our faces in video — something long overdue! — so go ahead and subscribe!)

If you have received your H-1B approval already in this year’s lottery, please do not forget about your spouse’s H-4 change of status (if they need a change of status done).

Anyways, I will leave everyone with a note of positivity, and also a quick reminder for those that received an approval already (congratulations!) — If you have received your H-1B approval already in this year’s lottery, please do not forget about your spouse’s, or kid’s, H-4 change of status (if they need a change of status done). This happens frequently when an F-1 student changes status to their new H-1B status on October 1st, and forgets they must also file for their husband, or wife, or kid’s H-4 change of status. In other words: your F-2 spouse and kid’s F-2 status will not change automatically when your H-1B is approved and you change your F-1 status to H-1B status — so make sure you get in your H-4 change of status applications people, or else your wife/husband and kids will be out of status (not a risk you want to take in this immigration environment!).

Also, don’t forget new requirements in the last year now require anyone filing for an H-4 change of status or H-4 extension of status now require a biometrics appointment. With these changes and to make sure you are not waiting until the last minute starting any immigration application earlier, than later, is always of course better.

Have questions on filing an H-4 change of status? Talk to us by emailing us at info@kngarcialaw.com. Subscribe to this blog for new blog email updates.