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sah1btoh4

H1b to H4 transfer and stamping in India

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I am currently working on H1b with Employer A from past 3 years and my current H1b is valid till July, 2020. I recently have a baby and really having tough times to mange the work and planning to resign and switch to H4 and take some break in career.

My spouse is also working for Employer A from past 5 years and his H1b is valid till September, 2021.

What option is recommended below please

  1. I am planning to resign in January, 2020 and go to India and attend for H4 stamping on my spouse H1b in February, 2020. Is it suggestible to go to India for H4 stamping?
  2. Would it be better to change the status to H4 in U.S please?
  3. I am also planning to apply for H4-EAD after coming back to U.S or along with my change of status in U.S? what would be the best option please?

FYI: I came to U.S in 2013 as a student on F1 and my last stamping was on F1 visa. After I got my H1b here I have not visited India as well.

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You can apply for change of status to H4 and also apply H4EAD along with it before your resign. It will take 5-6 months for it to be approved. After that you can travel to get H4 stamping. 

I would have suggested you to go for stamping if you have travel plans and do not apply H4, but you can't apply for EAD till your come back to US which will just delay your EAD.

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If you cannot postpone India travel plans just go to India and attend visa interview and get H4 visa stamped and come back.

If you can postpone, apply for H4 and H4EAD at same time in USA and after getting approval go to India...

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Thank you so much for your generous replies and I appreciate your time.

Can someone guide me as I am planning to stay here and apply for change of status from H1 to H4 along with H4-EAD, do I have to work until I got my H4 receipt number or can I stop working as soon as I apply for H4 please?

Edited by sah1btoh4
Updated to make the question readable now

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You can quit before you receive the H4 receipt number, but if you have the option to wait and quit then that will be a preffered option. You will have 60 days or until i94 expiry date which ever is shorter to file for an COS petition to H4.

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