H1B to H4 COS?

[CarlosJustin]

Hello everyone,,,

I am currently on an H1B visa, valid till May 2022. I have decided to resign from my job effective 7/31/2020. My wife has an H1B through her employer, valid till Dec 2022. On 5/22/2020, I submitted form I-539 to change my status from H1B to H4 dependent on my wife's H1B. I requested a start date of 8/1/2020 for the new status.

1. If I don't get my H4 change of status approved by 7/31/2020, will I have to leave the country right away? Or does the 60 day grace period apply in my situation as well?

2. If I can stay in the country, am I able to enroll in college in the US while the COS is pending?

Thanks!!!

[rkk09]

Hi,
1. If I don't get my H4 change of status approved by 7/31/2020, will I have to leave the country right away? Or does the 60 day grace period apply in my situation as well?
Answer: Normally H4 change of status petition will take longer time to adjudicate. You can stay in the USA with the help of change of status petition receipt notice. If you get anything negative result then you will need to leave the country as soon as possible.
2. If I can stay in the country, am I able to enroll in college in the US while the COS is pending?
Answer: Yes. That is possible.
Thanks