Change of status from H1B to H4

[drollix]

I was recently on H1B visa (non-profit/non-capped) but my current employment ends at the end of the month. I plan to do a change of status to H4 as a dependent, while I negotiate a new position and restart on H1B (non-profit/non-capped) beginning in 2 months.

How do I go about doing this? And should I expect any issues? I don't intend to leave the country till I am back on H1B

Thanks

[JoeF]

Form I-539

[pontevecchio]

Leave soon and come back on the H4 visa or leave later on to come back on the H1 visa while filing a COS to H4 now before the job ends.

[livliv]

You should apply for COS to H4 immediately as it takes 2 to 3 months to get a decision. When your employer is ready to change you back to H1, it will be good if they have the H4 I-94 in hand. Otherwise, the change of status to H1 will be based on a pending change of status to H4 (bridging) and it will not be possible to get change of status to H1 without having the first COS approved.

Also, once change of status to H4 gets approved you must stop working immediately. But you can stop working anytime after you file COS to H4.

As for change of status to H1 from H4, you cannot begin working until it gets approved.

[Attorney_23]

Do you have a qualifying family member in the U.S. in H1B status? If so, you can file Form I-539 to change statue to H4.