I am on H1B1 and lost my job. I am looking for job, but in the mean while I was planning to move to H4 with my spouse. Do I need to leave the country for the visa status to be changed?
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Again, if I find a job, will I have to leave the country to move back on H1B. How often and fast can I switch my visa status?
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Answer:
Based on the information you provided, you should apply for you H4 change of status immediately. Technically, you are no longer in immigration "status" because you lost your job. When you apply for the H4, you should provide proof that you've been maintaining H1B1 status, which is usually done in the form of pay stubs. If the H4 change of status cannot be approved, then you can obtain H4 status via consular processing. Whether you have to leave the country or not depends on how long you've been out of status. No matter what, be careful not to stay in the U.S. beyond the date on your I-94 card.Disclaimer: The information provided is of a general nature a...
Priya Alagiri at Quora Visit the source
Other answers
Priya is correct. Based on the information you have provided, you are likely out of status. You may file a petition to change to H4 status nunc pro tunc (USCIS will have the discretion to deny this.) Or, you can leave the U.S., apply for an H4 visa, and re-enter in valid H4 status. Please note that most of the other responses to your question are wrong, or just offer bad advice. You will not automatically fall into H4 status as soon as you file an application and receive the receipt. And, even if you receive severance pay, you will still be out of status. Trying to use severance pay to trick USCIS into thinking you are still employed would constitute fraud. I highly recommend against lying to the government!
Joel Yanovich
No you not need to get out of the country to to get H4 visa. Your spouse's company needs to file some paperwork and your H4 status gets activated as soon as you get the reciept. Also if you do get a job that sponsors your H1 visa, you do not need any stamping on your visa. I have all done this and know for a fact.
Satyajit Malugu
I'm not a lawyer but was in a similar situation in the past. If you've lost your job recently, if possible, ask your employer for couple of months of severance pay. This will help you get pay stubs and maintain H1B status. In the meantime search for a new job. If you can get a new job and get the H1B transfer filed by the new employer before end of severance pay then you can start at the new employer using H1B transfer application receipt (need not wait for the approval). If it's not possible to get pay stubs then try to find a new job as soon as possible. Get your new employer to file H1B transfer. If the H1B transfer application is filed within one month of your last day at previous job and if luck is on your side then transfer application should go through fine (though not guaranteed) Also remember it takes 1 week for LCA application which is required to file for H1B transfer.
Anonymous
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