Is an H4 to H4 still considered a COS?


bsyaja

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Both me and my wife are currently on H1B and my kid has an H4 under my H1B. All of us are currently in the US. I intend to resign my job and go back to my home country and move my kid as my wife's dependent before that i.e. apply for an H4 for my kid under my wife's H1B.

 

Can someone advice if this is still classified as a COS since it is an H4 to H4 (albeit tield to a different H1B primary visa holder) and if so, then do I need to apply in the form I-539? Or do I need to apply it as an H4 visa at the consulate by applying in the form DS-160?

 

Thanks.

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