Urgent! H1 to H4 dependent COS, while H1 spouse has not yet traveled to USA

[gaurav_usa]

Greetings everyone!

My wife and me both work for the same company and we have both have approved H1 petitions and visas stamped on our passports. My wife traveled to US on her assignment a few months back but now her assignment is *being terminated in a week* even though her petition, visa and I-94 is valid until 2018. Seen individually, I guess she would need to leave US at the end of this week.

Meanwhile, I would be travelling to US for my own assignment in a couple of weeks. As my wife doesn't have any H1 transfer (change of employer) opportunity at the moment, we would like to file for her change of status to H4 as my dependent so that she can stay with me.

Can the COS-to-H4 be filed right now (by the end of this week), based on my H1 documents, even though I have not traveled yet? Do we have any other option, so that she doesn't have to travel back?

Your timely guidance will be much appreciated :-)

[raghvi]

Greetings everyone!

My wife and me both work for the same company and we have both have approved H1 petitions and visas stamped on our passports. My wife traveled to US on her assignment a few months back but now her assignment is *being terminated in a week* even though her petition, visa and I-94 is valid until 2018. Seen individually, I guess she would need to leave US at the end of this week.

Meanwhile, I would be travelling to US for my own assignment in a couple of weeks. As my wife doesn't have any H1 transfer (change of employer) opportunity at the moment, we would like to file for her change of status to H4 as my dependent so that she can stay with me.

Can the COS-to-H4 be filed right now (by the end of this week), based on my H1 documents, even though I have not traveled yet? Do we have any other option, so that she doesn't have to travel back?

Your timely guidance will be much appreciated :-)

For her to be eligible for H4, you should be in valid H1 status, as you are not, at the time of her termination, she would not be eligible. Either ask her employer to keep her on H1 till you reach there or she can come back, get h4 stamped and then travel with you or after you


This is my opinion not legal advice.

[gaurav_usa]

For her to be eligible for H4, you should be in valid H1 status, as you are not, at the time of her termination, she would not be eligible. Either ask her employer to keep her on H1 till you reach there or she can come back, get h4 stamped and then travel with you or after you


This is my opinion not legal advice.

Thank you for your helpful response Raghvi! Her employer is suggesting a leave without pay to retain her on H1 until I travel. That is not a good idea from future visa point of view, isn't it? If the employer is not willing to keep her on her H1 with pay, it now looks like she will need to travel back before termination, and file for H4 stamping while in India.

[raghvi]

Thank you for your helpful response Raghvi! Her employer is suggesting a leave without pay to retain her on H1 until I travel. That is not a good idea from future visa point of view, isn't it? If the employer is not willing to keep her on her H1 with pay, it now looks like she will need to travel back before termination, and file for H4 stamping while in India.

If she is on leave without pay she will not be able to prove her valid H1 status , and without being in status her change of status to H4 has very less chances of getting approval.

This is my opinion not legal advice.