H1B to H4 transfer help - urgent

[anuvnu387]

Hello,

My wife is on F1-OPT but her H1B petition was just approved. So her status changes to H1B on October 1, 2010.

I am currently on H1B and would like to stop working due to certain problems at work and become my wife's dependent.

Can I apply for h4 status change (form I-539) and stop working immediately. I just heard that in my case that change of status will occur only on or after October 1, 2010 since my wife's H1B will start on that and that until October 1, 2010 I have to maintain my own valid status or become an F2 dependent based on my wife's F1-OPT.

Can I not apply for a change of status to H4 based on my wife's approval notice and stop working immediately after receiving the receipt notice?

Please help. Thank you.

[shervin143]

In order for you to be in H4 status, your spouse need to be in valid H1B status. So you cannot get H4 until Oct 1st. You either need to maintain your current H1B status until Oct 1st or apply for a COS to F2 (In which case, you will need to apply for H4 again in the month of September as you will go out of status on F2 when your wife's status changes to H1B).

[kabkaba]

You have 3 options
1. Maintain H1 status
2. File COS to F2 now, stop working after getting receipt and then file COS to H4 anytime before Oct 1.
3. Leave the US and enter back on F2 visa now or H4 visa after Oct 1.