Urgent Help needed


Rakee

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Hi,

Your advice will be very helpful. Thanks a lot in advance.

Me and my spouse both are on H1B. I lost my job on 7/21/17. I haven not found another employer yet, I'm planning to change to H4.

I have tried reaching out to couple of members in the group with similar situation but waiting to hear back on them.

Here are my questions.

1)  My spouse's H1 extension is filed and still pending. Can I file for change of status to H4 with spouse Pending H1 application receipt notice.

2) Which is better Change of status application or go to home country, wait till my spouses H1 approval copy followed by H4 stamping?

3) If change of status is recommended, since I have already crossed 30 days, what is the time line by when I should be submitting Change of status to H4.  

I will take legal advice as well. Please advice asap. 

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Not a legal advice. Please do consult with attorney.

1. Yes, you can file for COS to H4 with your spouse's pending H1 Application. Please consult with attorney regarding the paperwork required.

2. My take would be to file the COS application rather than going back to your home country. Because if you go back you will have to wait for your appointment with the Consular office, which have waiting times.

3. There is a rule that came into effective on Jan 17, 2017. It says that if you lose your job on H1B, you have now 60 days grace period which you can use to apply for COS or find a new employer to apply for H1 transfer, etc. And this 60 days grace period qualify you as "in status". Link for reference: https://www.murthy.com/2017/03/06/grace-period-nonimmigrant-workers-following-loss-of-employment/

So technically you have till Sept 18 to take a decision. From Sept 19 you will be out of status.

Hope it helps!

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