Hi all, I was laid off today (March 26, 2018) and I am on an H-1B visa. I applied for Change of Status to H-4 EAD based on my husband's approved I-140 in November 2017. My H-4 visa starts on May 1, 2018. I want to know whether I need to apply for COS again right now in order to maintain status and continue living in the US, or will I maintain status until May 1 when my H-4 visa kicks in? My current H-1B is approved through April 2020.
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Maintaining status after being laid off on H-1B visa
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You remain in status for 60 days after leaving your job, unless your I-94 expires earlier. So if your I-94 expires at the same time as your petition (in 2020), you will still be in status when your H4 status change takes effect.Originally posted by as86 View PostHi all, I was laid off today (March 26, 2018) and I am on an H-1B visa. I applied for Change of Status to H-4 EAD based on my husband's approved I-140 in November 2017. My H-4 visa starts on May 1, 2018. I want to know whether I need to apply for COS again right now in order to maintain status and continue living in the US, or will I maintain status until May 1 when my H-4 visa kicks in? My current H-1B is approved through April 2020.
This is my personal opinion and is not to be construed as legal advice.
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