H1 to H4 Conversion


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Posted (edited)

I was terminated and my H1B is revoked . I got rehired by same company and I got my receipt# this week . My wife on H1 it's expiring next month and she lost of job . 

Can she convert to H4 without waiting my H1 approval ?

What other option she has to stay legally without leaving USA? 

Edited by oms13dec
Posted

I think you cannot file h4 for your spouse when you do not have h1 at all. Please find the right information with attorney otherwise you may land in soup, better not to go blindly with the advises from here, because your situation is time sensitive associated with legal issues.

Posted
On 6/12/2020 at 5:43 PM, oms13dec said:

I was terminated and my H1B is revoked . I got rehired by same company and I got my receipt# this week . My wife on H1 it's expiring next month and she lost of job . 

Can she convert to H4 without waiting my H1 approval ?

What other option she has to stay legally without leaving USA? 

You can apply for her COS H4 with your H1 receipt notice and she should be able to stay. 

Posted
21 hours ago, savemeplz said:

I think you cannot file h4 for your spouse when you do not have h1 at all. Please find the right information with attorney otherwise you may land in soup, better not to go blindly with the advises from here, because your situation is time sensitive associated with legal issues.

We can apply for H1B, H4 and H4 EAD at same time. OP can apply for H4 while H1B is processing.

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