Conversion from H1 to H4

[Deepthi Subramanyan]

Hi,

I am currently on a H1 visa, and looks like I may lose my job in few weeks. So, I am looking to convert to H4, but how long will the conversion take? Also, what if I go out of H1 status before I get my H4? If I get my petition for H4, can I continue to stay in USA, or should I wait until the dependent visa is approved? Please help.

Thanks,
Deepthi.

[raghvi]

Hi,

I am currently on a H1 visa, and looks like I may lose my job in few weeks. So, I am looking to convert to H4, but how long will the conversion take? Also, what if I go out of H1 status before I get my H4? If I get my petition for H4, can I continue to stay in USA, or should I wait until the dependent visa is approved? Please help.

Thanks,
Deepthi.

Change of Status is done using I539 form and you can specify a particular date from which you want to move to H4. The catch is that you must stop working from that date onwards. So suppose you fill 15-March-2015 as H4 start date, you need to stop working from that date even if you are not laid off. Find out a definite date of your last pay check from your employer and fill that one up.

This is my opinion not legal advice.