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H-1B holder never worked – planning change of status to H-4 inside US

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  • H-1B holder never worked – planning change of status to H-4 inside US

    Hello,
    I would like advice on my immigration situation.
    I am currently in the U.S. on H-1B status, valid until October 2026. My H-1B was approved in November 2023, but due to pregnancy and childbirth, I never started working. I have not worked at all and have remained in the U.S. with a valid I-94.

    My husband is on H-1B, valid until June 2027 and His I-140 is in progress.

    i am planning to file Form I-539 to change my status from H-1B to H-4 while staying in the U.S. (no travel).

    My questions:
    1. Is filing I-539 (H-1B to H-4) inside the U.S. the correct option in my case?
    2. Does the fact that I never worked on H-1B create any risk for approval?
    3. Is pregnancy a reasonable explanation for not activating H-1B employment?
    4. If denied, what would be the recommended next step?
    Appreciate your guidance.




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