Staying in the US while changing status from H1B to H4 after quitting job

[pretzl]

Hey Everyone,

My husband is planning on quitting his job next month (Jul’19) and move to H4 status. I have a few questions regarding that:

1. My H1B is getting maxed out next year in Jan (Jan’20). My PERM is filed but not approved yet (Priority date 11 Jun’19). In my passport, i have the stamping from my previous employer which is valid until Oct end this year (Oct’19, I-94 validity is about the same), but i have I-797 from my new employer valid until Jan’20.
   Will that affect the H4 process for my husband? Will I need a new stamping on my passport?

2. Would my husband be able to stay in the US while COS process is pending approval or will he need to move back?

3. If above two aren’t an option, are there any suggestions on how my husband can stretch his stay in the US (probably on visitor visa??)

Any input would be much appreciated.

[pontevecchio]

1. The visa stamp has no connection to his change of status. He can apply for a COS to H4 based on your latest petition approval and up to the I94 expiry.

2. Yes. But you will need to file further extensions when you file for your H1 extension.

3. NA

[pretzl]

22 hours ago, pontevecchio said:

1. The visa stamp has no connection to his change of status. He can apply for a COS to H4 based on your latest petition approval and up to the I94 expiry.

2. Yes. But you will need to file further extensions when you file for your H1 extension.

3. NA

Thanks so much! Can you also suggest if COS process can be handled online by us or if we should go through an attorney? Any links guiding me through the process will again help a lot! 

[pontevecchio]

https://www.uscis.gov/i-539

It is possible to file on your own.