Change of status from H1-B to H4 (file with spouse visa transfer)while I 797 is expired and working on uscis receipt notice

[shakunbansal]

Hi,

My H1-B 6 year max out will be in August and PERM will be filed sometime this month. Considering I dont have sufficient time to continue beyond 6 years on H1-B if my GC process doesnt get completed before August, I am looking at options -

My spouse is going to apply for H1-B visa transfer and I plan to Convert my visa from H1-B to H4 and apply H4 EAD in parallel. However, since I dont have a valid H1-B now(I 797 and I 94 expired in Dec 2018) is that option feasible to change status to H4 or I need to convert my case to H1-B premium to get an approved petition before filing for COS. However, that may time sometime.

[pontevecchio]

Are you staying in unlawful status from December, 2018..

[xTDx]

23 hours ago, shakunbansal said:

Hi,

My H1-B 6 year max out will be in August and PERM will be filed sometime this month. Considering I dont have sufficient time to continue beyond 6 years on H1-B if my GC process doesnt get completed before August, I am looking at options -

My spouse is going to apply for H1-B visa transfer and I plan to Convert my visa from H1-B to H4 and apply H4 EAD in parallel. However, since I dont have a valid H1-B now(I 797 and I 94 expired in Dec 2018) is that option feasible to change status to H4 or I need to convert my case to H1-B premium to get an approved petition before filing for COS. However, that may time sometime.

If your i94 has expired and you have no extension or timely filed Change of Status application in process, you are out of status and under unauthorized stay. You should leave US asap and come back with a valid H4 or wait for your i140/h1b to get approved and come back with a valid H4.