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H1B Laid off, Can I switch to H4 and later back to H1?

Atlanta, GA |

Currently in my 8th year, have an approved I140 and H1B until March 2015. My spouse is working on his EAD. Can I switch on B2 or H4 visa and then reclaim my H1B visa once I find another employer?

Attorney Answers 1


You can only change to H-4 status if your spouse is maintaining H-1B status.

Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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