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Nirupa

Change of Status from H1B to H4 in case of H1B Denial?

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For my H1B visa extension and I have received an RFE. My 240 days are nearing, want to get advice on what are my available options in case there is a denial - 

- Can I get my change of status done to H4 on my Husband's H1B while staying in US itself or do I have to go out of country to apply for change of status?

Any pointers will be helpful.

Edited by Nirupa

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If the H1B extension is denied before the I94 expiry, can the change of status happen from H1 to H4 without having to go out of the country?  (Provided spouse is also on H1B).  In that case, Can the individual continue to stay in the US post the original H1 I94 expiry? (Based on the H4 receipt) 

Edited by immigrationmatter

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2 hours ago, immigrationmatter said:

If the H1B extension is denied before the I94 expiry, can the change of status happen from H1 to H4 without having to go out of the country?  (Provided spouse is also on H1B).  In that case, Can the individual continue to stay in the US post the original H1 I94 expiry? (Based on the H4 receipt) 

If the I-94 is valid then you can file for COS to H-4 and stay in the country.

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12 hours ago, immigrationmatter said:

If the H1B extension is denied before the I94 expiry, can the change of status happen from H1 to H4 without having to go out of the country?  (Provided spouse is also on H1B).  In that case, Can the individual continue to stay in the US post the original H1 I94 expiry? (Based on the H4 receipt) 

Yes. As long as you have a valid I94 you can file a COS to H4 or do a new H1 and stay in the country. 

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