COS from H1B to H4 - Three scenarios

[itUserUsa]

Hi, 

I have been working for a company A on H1B. I am planning to file COS to H4 to take a break from job.

My question are:

1. Once the receipt reaches USCIS, can I continue working on H1B status till H4 is approved (There is a line in i539, "The new status and affective date of change")

2. Once the receipt reaches USCIS, and then can I quit my job on H1b immediately and will I still be fine as my H4 COS application is already received by USCIS.

3. If USCIS receives the receipt, but after I left my job on H1B, but within 60 days of loss of employment, will I still be fine as my H4 COS application is received by USCIS in 60 days..

Thanks

[Surfer123]

Personally I would consult an attorney but to my knowledge the field "The new status and effective date of change" is what determines when your new status starts.

Assuming your H1B is valid till 01/31/2018 and if you want to change status to H4 after u use all of your H1B validity period, this date field should be 02/01/2018. But if you want your H4 to start prior to 01/31/2018, you would put that date in the field tied to effective date of change.

If u do plan to use full H1B period, do make sure that this effective date of change is the very next day of the H1B expiration date, so that you won't have any gaps.

[h1girl1947]

HI. 

My current h1b is valid till jan 21 on on my current i94. I have filed h1b extension and it got denied. 

Ques: Can i file change of status to H4 before jan 21st and USCIS receives my application before Jan 21st, can i stay in US on legal status while my COS is pending. 

Quest2: Can i file Change of Status to H4 along m=with my H4 ead together in one go.

Ques 3: What the lock box facility do i need to send my application package where my spouse already have H1 approval notice and i am filing my H4 change of status and H4 ead together on his i797 approval notice. 

Kindly answer my questions asap. 

[KS012345]

Hi, for question 1 and 2, the answer is Yes. Consult an attorney or file with help of your spouse's company attorney. The H4 + H4 EAD application process as I am aware is rather simple but can take a few days to gather everything. Good luck