how soon can i change from H1 to H4 without being out of status if i get laid off

ritu18

Registered Users (C)
Hi
I am currently on H1.If i get laid off , or go on bench without getting paid for more than 3 months , how soon I can change to H4 Visa without getting out of status.
If a person is on bench without being paid for 4 months , but is still employed by their company , can they file for H4 thru their spouse.Will INS treat them to be out of status if they know that they were not paid since last 4 months or so.
Thanks very much
 
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