H1 to H4

[user2812]

Hi,

 

I am currently on H1B and I have validity till 2018.But my last working day with my current employer is Nov 31st 2015.

I am going to India on Nov 25th.I am planning of getting H4 stamped with my husband's H1 visa and come back and apply for EAD.

 

1.So if I am out of country, I do not have to worry about H1 status right?Can I get H4 stamping any time in December or should it be done before my last working day?

 

2.In future can my H1B petition be used by new employer and can I come back to H1B status?

 

 

Your response is appreciated as I want to do what is best at this situation.

[jairichi]

1. You are correct. H4 stamping can be done anytime. But, if you plan to stay in US beyond your last day of employment you will need to file COS to H4.

2. Yes, if you have not stayed on H1B status for 6 years.