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H1B to H4 and maybe back to H1B

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  • H1B to H4 and maybe back to H1B

    Hi guys

    I am sure this question has been asked before, but a search couldnt help me answer some of the questions I had.

    I am (was) on my H1B visa with a big company. (I140 approved)

    Our whole product team was laid off recently and it's been 1 week since my last day at this company.

    The company has said that they will NOT be revoking I140 but will be revoking the H1B visa exactly a month after my last date. (~ Oct 10th)



    My wife is also on her H1B visa.

    While I look for a new job, I am thinking of moving/changing my status to H4.

    I do have some interviews lined up and the market is good, so am hopeful that I will find something soon, but the H1B revoke has me worried.

    It would be great if someone can answer these questions.

    Should I file for a H1 to H4 COS immediately?

    If so, I understand that it takes approx 2 months to process. What is my status during that time period?

    Say, i get a job within that period, can the new company immediately file for the visa transfer? What effect will a pending H4 application have on this?

    My current H1B visa is stamped on passport till Jan 2018. In any of these scenarios, do I have to leave the country and go for consular processing?



    any other guidance on this topic.

    thanks in advance.

  • #2
    Originally posted by suminub View Post
    Hi guys

    I am sure this question has been asked before, but a search couldnt help me answer some of the questions I had.

    I am (was) on my H1B visa with a big company. (I140 approved)

    Our whole product team was laid off recently and it's been 1 week since my last day at this company.

    The company has said that they will NOT be revoking I140 but will be revoking the H1B visa exactly a month after my last date. (~ Oct 10th)



    My wife is also on her H1B visa.

    While I look for a new job, I am thinking of moving/changing my status to H4.

    I do have some interviews lined up and the market is good, so am hopeful that I will find something soon, but the H1B revoke has me worried.

    It would be great if someone can answer these questions.

    Should I file for a H1 to H4 COS immediately?

    If so, I understand that it takes approx 2 months to process. What is my status during that time period?

    Say, i get a job within that period, can the new company immediately file for the visa transfer? What effect will a pending H4 application have on this?

    My current H1B visa is stamped on passport till Jan 2018. In any of these scenarios, do I have to leave the country and go for consular processing?



    any other guidance on this topic.

    thanks in advance.
    The fact that you are not getting paid currently makes you out of status, and a COS to H4 OR a new H1 may not be approved with new I94, thereby needing you to leave US.

    This is my opinion not legal advice.

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