Change of status from H1B to H4 while in US

[Umanandy]

Hi , 

I’m currently on H1B visa Since 2014 and it is valid till April 2020. I don’t have any approved I-140 so cannot apply any more extensions .

My husband is also in H1B and he has an approved i-140. So I’m planning to convert to H4 now . I’m not in a situation to travel to India . What are my options ?

1. If I resign my job , will my H1B be revoked since they are my sponsors? Will I-94 expiry date also change ? 

2. Am I allowed to stay in US While COS - until my H4 is approved ? Or do I have to travel back to India since I will not have a valid  visa status ? 

3. Can I go to Mexico or Canada to get my H4 stamped just by filling DS140 like we do in India? 

4. How long does it take to get the H4 approved ? 

Really  appreciate your reply. Thanks 

[JoeF]

An employer is required by law to inform USCIS if somebody on H1 is no longer working there. That will result in H1 revocation.

You are legal while a COS to H4 is pending.

[User099]

You can apply for COS while in US and stay here while the petition is being processed or you can go for H4 stamping without applying COS.

If you want to apply for COS, do it before your resign and make sure you have your H4 receipt number by then.

Its taking 5-6 months for H4 to be processed. 

If you qualify for EAD, you can file for H4 COS and EAD at the same time.

[pontevecchio]

1. Apply for COS from H1 to H4 and resign after getting the receipt and any notice period.

2. Yes. A visa is an entry foil in your passport.

3. You can get your H4 stamped elsewhere.

4. A COS to H4 will take months. It is easier to leave and return with an H4 visa.

[Umanandy]

Thank you replying. Still have few questions,

1. I'm not in a position to continue working until I get H4 receipt as I'm released from project and I will not get any new assignments also. My company want me to travel to India immediately. So is there any way I can quit before I get the H4 receipt?

2. Also if I resign , I heard there will be 60 days unemployment period for H1B so can i wait till 60 days to get my H4 receipt number.?

3. How long will it take to get the H4 COS receipt number ?

 

[User099]

If you are laidoff or resign, you will get 60 days or until I94 expiry date which ever is shorter to find a new job or file a COS. So with the 60 days you can file for H4 and continue to stay in US. 

It should take most likely take 1-2 weeks for the receipt notice after you apply. Plan accordingly. 

[shekar11#]

On 1/3/2020 at 4:24 PM, Umanandy said:

Thank you replying. Still have few questions,

1. I'm not in a position to continue working until I get H4 receipt as I'm released from project and I will not get any new assignments also. My company want me to travel to India immediately. So is there any way I can quit before I get the H4 receipt?

2. Also if I resign , I heard there will be 60 days unemployment period for H1B so can i wait till 60 days to get my H4 receipt number.?

3. How long will it take to get the H4 COS receipt number ?

 

1. Yes, you can apply for COS to H-4. If USCIS receives the docs that is enough. No need of getting receipt.

2. You are right. You can wait.

3. 2 weeks.

[User099]

15 hours ago, shekar11# said:

1. Yes, you can apply for COS to H-4. If USCIS receives the docs that is enough. No need of getting receipt.

2. You are right. You can wait.

3. 2 weeks.

What if USCIS returns the application due to some issue and OP resigns the job and 60 days are exhausted? She will be out of status. 

Its better to wait for the receipt notice always.

[shekar11#]

12 hours ago, User099 said:

What if USCIS returns the application due to some issue and OP resigns the job and 60 days are exhausted? She will be out of status. 

Its better to wait for the receipt notice always.

You are right. I was just giving the best case scenario. Thanks for chipping in with the worst case scenario.