H1 to H4 transfer


anuamarnath

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Posted

H1B expired on March 4th 2015. Forgot to renew. Out of status from 4th March. Submitted change of status application in May along with husbands H1B renewal in premium processing. Husbands h1b renewed from oct 2015 - Oct 2018. Change of status approved with a future date. Same dates as husband. Requested to change the start date to 4th march or date of application (16 th May), but rejected.Change of status from H1 -H4 approved with start date as 1st Oct.My 180 day period with no status ends on September 4th

H1B expired on March 4th 2015. Forgot to renew. Out of status from 4th March. Submitted change of status application in May along with husbands H1B renewal in premium processing. Husbands h1b renewed from oct 2015 - Oct 2018. Change of status approved with a future date. Same dates as husband. Requested to change the start date to 4th march or date of application (16 th May), but rejected.Change of status from H1 -H4 approved with start date as 1st Oct.My 180 day period with no status ends on September 4th

Do i need to leave country or can i stay back as my change of status is approved with a future date?

Posted

Did your I-94 expire on March 4? If so you were not just out of status but illegally present. Technically, USCIS should not have approved change of status. It is an error on their part.

 

If is difficult to predict if they will notice this error in future or not. To be safe you should leave the US and return with an H4 Visa. Because if they do notice the error and take retro-active corrective action, that can be a bigger problem.

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