H1b layoff- Transfer to H4


dikem

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Posted

Hi 

I'm employed by company A, was laid off last week with effective last date as Oct 3rd. 

I'm in non-technical filed so will transfer to H4 until I find another employer to file for my H1 transfer.

My question is

1. When should I submit COS I-539 to USCIS for change of status from H1 to H4?

2. Will just the I-539 along with my spouse H1B documents be enough, any other documentation required?

3. If i get another job during change of status period, should i wait until H4 is approved and then let the company B apply for my transfer?

 

Thanks

DK

 

Posted

Hi 

I'm employed by company A, was laid off last week with effective last date as Oct 3rd. 

I'm in non-technical filed so will transfer to H4 until I find another employer to file for my H1 transfer.

My question is

1. When should I submit COS I-539 to USCIS for change of status from H1 to H4?

2. Will just the I-539 along with my spouse H1B documents be enough, any other documentation required?

3. If i get another job during change of status period, should i wait until H4 is approved and then let the company B apply for my transfer?

 

Thanks

DK

(1) Right now as it will take at least 2.5 months to get approval of change of status.

(2) Your documents like latest pay stubs, copy of H1B visa, I797 approval notice are required.

(3) I believe you can withdraw your COS petition. Not sure though.

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