Procedure to Change status from H1 to H4 with below mentioned scenario?


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I'm seeking advice for a friend who currently holds an H-1B visa but is considering changing their status to H-4 due to a current lay-off.

 

Here's their situation:

- Entered the US as an H-4 dependent in October 2022.

- H-1B petition was approved in October 2023.

- Change of Status (COS) to H-1B Amendment was approved in January 2024.

- Employer could not process the Salary and also project work assignment till May 2024 as There delay in getting SSN due to a delay in USCIS clearance for the duplicate name.

- Unfortunately, their employer is laying them off effective July 1st, 2024, as she cannot accept a remote work arrangement due to personal circumstances.

 

Given these details, I have two questions:

 

1. Can my friend apply for a Change of Status (COS) to H-4 with just one month of paystubs? Would this allow them to remain in the US legally while they address their personal emergency?

2. Will this brief H-1B employment period affect their eligibility for future H-1B applications with the cap-exempt provision?

We appreciate any guidance you can offer on the best course of action for my friend in this situation.

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1. Your friend should file a complaint with the DOL using form WH4. She is entitled to 7 months of salary. 

Then she can apply for a COS to H4 with minimal issues.

2. She is entitled to a total of 6 years in H1 status. Complaining on form WH4 is the best way to make sure it happens.

Even if both are working for the same employer, she should complain. The late SSN is an excuse by the employer.

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