Change of status from H1 to H4 in US

[M priya]

Hi , 

I’m currently on H1B visa since 2022 and it is valid till Sep 2024. My Current Job contract ends this week. My 60 days grace period starts this weekend and I did not initiate H4 process yet.

My husband is also on H1B and he has an approved i-140. So I’m planning to convert to H4 now. I’m not in a situation to travel to India . What are my options ?

1. Since my Job ends this week, will my H1B be revoked since they are my sponsors? Will I-94 expiry date also change ? 

2. Am I allowed to stay in US While COS - until my H4 is approved ? Or do I have to travel back to India since I will not have a valid  visa status ? 

3. What happens to my  H1 Visa after H4 is approved? Will it resume since I am converting H4 or is there any other process that I have to follow to resume H1 before applying for H4. I’ve plans in future to move from H4 to H1.

3. How long does it take to get the H4 approved ? 

Thanks in Advance

Edited April 24, 2023 by M priya

[pontevecchio]

1. The employer is mandated to revoke the H1 petition in this case. That does not affect you.

2. Yes

3. Visa is a passport stamp. You will be entitled in future to the remainder of your 6 years in H1 status. 

You are also able to get a H4 EAD and work on that.

The COS is taking a long time.