H1 H4 visa

[feb2009]

Hi,

I am on H1 visa. Currently resigned my job. I am applying for dependent visa (H4) of my spouse.

1) Until I receive my H4 visa am I in eligible to stay in US, if yes how long.

2) How long does it take to process my H4 visa under premium and non- premium.

3) Am I eligible for H1-H4 transfer or just H4 processing, given the fact my last day of my employer is already over.

4) Incase I would want to work with a new employer, how long I can take to search for a new job with my current H1.

Thanks in advance for your response.

[pontevecchio]

1. Since you resigned before filing a COS to H4 the COS may not be granted. It may be in a few cases where the gap is not very much. But you will only know in 2-3 months. You are not applying for a H4 visa but for H4 status.

2. No premium process for H1 to H4 COS by itself.

3. H4 is a status . Nothing called H4 processing. It is always a COS from some other valid status based on valid H1 status of the spouse.

4. Once in H4 status you can take as long as you want.

Presumably you resigned in a whiff and now want information which you should have asked for before resigning.

Best solution is to take a vacation home and come back refreshed with a H4 visa.