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Hello Peter, I have a situation. I am on H1B and I am being forced out of my job. My wife is also on H1B. After consulting some attorneys, I have decided that I
by march14user1 2y ago
Hello Peter, I have a situation. I am on H1B and I am being forced out of my job. My wife is also on H1B. After consulting some attorneys, I have decided that I will move to H4 status under my wife, while I search for the new job. Will this protect me until I get a new H1B with new employer soon? What should I be cautious about? For what it is worth, I also have EAD through I-140 pending, but I am deciding not to use the EAD and move to H4 dependent as soon as my H1B expires when I terminate my job. Let me know if I have to be cautious or aware of any circumstances that can put me or my family situation in jeopardy.
- proberts 2y agoThat's probably the right advice, you don't have to be cautious, you can look for work while in H-4 status (or while an applicant for H-4 status). The issue is this: if you find a new H-1B employer before your H-4 change of status application has been approved, while the new H-1B employer can file an H-1B petition for you, upon approval you likely will have to depart the U.S. and reenter with a new visa (if your previous H-1B visa has expired) or reenter with your previous still-valid visa and new H-1B approval notice. The point is this: USCIS likely will consider you ineligible for a change of status to H-1B when your underlying status is not H-4 but an applicant for H-4 status.
- dangrape123 2y ago[dead]