H1B to H4 Change of status


Jay Aar

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Hi forum members,

I and my wife are both on H-1B with I-94 validity till 2022 at least. I have a job offer in a different country and really want to take that up. I need to plan my relocation with family and I can negotiate my start date with the new employer for a few days. I am really confused about how to handle my legal status here in US for the few days (3-4 weeks) after I resign and until we relocate out of the country.

I want to use the H1 to H4 change of status option, but would really appreciate if anyone in the know can advice on the below questions:

1) Will I be out of status immediately on my last working day at my employer or will the grace period of 60 days hold good considering mine will be a voluntary termination of employment?

2) If I resign from my job but have the change of status form I-539 filed before my last day, will I be considered out of status after my last day?

3) Once change of status is filed, any idea how long the receipt process takes?

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