When to do CP for change of status H1 to H4? Can it be after resigning H1 job?

[babuds]

I am in H1 status for the past few years. My spouse has approved I140 and I want to change to H4 status, so that I can change my career after getting H4-EAD. My H1 staus expires on Sept 30, 2015.

 

I gave resignation letter to my employer to be relieved on 28th August. They told me to apply for H4-AOS before 28th August as I will be losing H1 status on the termination of my employment. Is this true?

 

I do not want to do AOS for H1 to H4 as it is told to take several months. I  prefer CP at Indian embassy, as it is a matter of few days. This being the case can I do CP for H1 to H4 after 28th of August, the date of  ermination of my h1 job , by travelling to India in the Second week of September, as my H1 stamp is valid till 30th september).

 

Thanks in advance for your valuable suggestions

 

 

[jairichi]

What your employer said is correct. You will be considered out of status from 29th August to the date you leave US.

[JoeF]

CP is a concept for a Greencard. There is no Consular Processing for an H4 visa. The consulate just issues a visa, it doesn't process a non-immigrant petition.

You can of course get an H4 visa at a US consulate. Lots of people do that.