I am currently on working in USA on H1B visa and have utilized 3 years of visa. Stamping is valid till August, 2017. Could you please help me with below questions.
1) Can I file H4? If Yes, When I need to stop working on h1-B (When I need to resign my current employer)?
2) What would happen to H1B visa status?
3) Do I need to go back to India after filing H4 transfer till the time I get approval?
4) Will I be able to switch back to H1 anytime in future?
5) My spouse H1 B visa is valid till August, 2017 and he is filing an extension? When I should file H4 so that I can move to H4 immediately?
1. You can request a change of status to H-4 while in the U.S. You can continue working until your change of status is approved or the date you requested the change become effective comes.
2. You are no longer in H-1B status once your change of status is approved. Your status would be H-4. You would need to either re-enter the country with a valid H-1B or request another change of status to go back to H-1B.
5. A change of status is not immediate. You can file at any time you wish.
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Wendy was kind to take all the questions. It will be nice to read Avvo's guidelines and post concise questions. Good luck!
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