I have H1B visa with I-94 expiring on March 02, 2014. I am planning to take a break for a year so will be applying for change of status from H1 to H4. My employer has applied for my H1 extension but it will easily take another 3-4 months to get approved. So I have to apply for my H4 before my I-94 expires (March 02, 2014). I would like to work on my H1B until end of March. Now my question is, can I apply for change of status from H1 to H4 online now (in next 1 week) and continue to work on H1 until my H4 gets approved or until end of March whichever is earlier? or do I have to STOP working as soon as I apply online?
You can work for the H1B employer beyond the I-94 expiration date based on its filing of an H1B petition requesting extension of status prior to I-94 expiration. However, once your application for change of status to H4 is approved, you must discontinue employment immediately. You are not required to be employed by the H1B employer when the application to change status to H4 is filed (in case you were wondering about it). Consult with your current immigration attorney for case specific advice.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.
You can work on your H-1B until the change of status to H4 is approved.
Due to the nature of this forum, Attorney Maria J. Marty does not have all the information required to provide legal advice. Accordingly, her responses on Avvo are intended as general and not legal advice.