H1B to H4 Process. Out of Status Risk?

[murthyface]

We had Lay off's in the company on Jan 31st, I have been trying to find a new employer in the next 30 day, but it seems to be cutting very close. Since I am married and my spouse is working in the US I can shift to H4.

 

Speaking to attorneys, they have recommended to travel outside United states and come back. My wife is carrying and since I am already "Out of status", I would want to try my best to apply for a "Change of status" from with in the country.

 

- Have any one been through this situation? And do you recommend applying for a "Change of Status", or go back to India and come back with H4?

 

- What are the chances that my I-539 gets rejected, just because I am out of status for 15 days?

[jairichi]

We had Lay off's in the company on Jan 31st, I have been trying to find a new employer in the next 30 day, but it seems to be cutting very close. Since I am married and my spouse is working in the US I can shift to H4.

 

Speaking to attorneys, they have recommended to travel outside United states and come back. My wife is carrying and since I am already "Out of status", I would want to try my best to apply for a "Change of status" from with in the country.

 

- Have any one been through this situation? And do you recommend applying for a "Change of Status", or go back to India and come back with H4?

 

- What are the chances that my I-539 gets rejected, just because I am out of status for 15 days?

Apply immediately for COS to H4. If not listen to attorney's advice.