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H1 to H4 transfer. My 6 year on H1 expires on September 15, 2014. Can I switch to H4 starting September 16.

Torrance, CA |

Can I switch to H4 while staying in US. When should I start the process. Or, is it better to travel out of US and get H4 stamping. Will there be any issue when I transfer from H4 to H1 after my GC labor is approved.

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Attorney answers 3


Depends whether you are eligible for H4. If you are, you can file for COS before expiration of your H1. You will not be allowed to work in the USA.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


You will be able to apply for Change of Status prior to the expiration of your H-1B, but must not do so prior to six months before the H-1B's expiration. Also, due to the new policy rules that will take effect in 60 days after they are posted for comment by the U.S. Department of Homeland Security, an H-4 will be able to work in the U.S. during the term of your spouse or parent's H-1B, still required for you to have an H-1B.

All answers to immigration questions should not be taken as legally binding advice. If you have an immigration issue, please call me at Pacifica Legal Services 805-290-4930 and make an appointment for an initial 30 minute consultation. Additional time is billed at $100.00 per 30 minute increments. Todas las respuestas a las preguntas de inmigración no deben tomarse como asesoramiento legal. Si usted tiene un problema de inmigración, por favor llámeme al Pacifica Legal Services 805-290-4930 y hacer una cita para una consulta inicial de 30 minutos. El tiempo adicional se factura a $ 100.00 por incrementos de 30 minutos.

F. J. Capriotti III

F. J. Capriotti III


Your comment on the possible H-4 work permit is excellent.


File COS just before the H-1 expires. If you wish to travel, you will need to do stamping.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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