can H-1 be changed into H-4 automatically?

N

niwwin

Registered Users (C)
Hi all,

I would like to ask you guys a question.
My wife is on H-1 visa now. If she loses her job, can she apply for a H-4 visa without leaving US? or she has to do that before she is laid off, otherwise she has to leave and apply for H-4 outside of U.S? She can legally stay in US while waiting for H-4 visa, right?

Thanks and have a nice weekend,
Ben
 
My wife is on H-1 visa now.
If she loses her job, can she apply for a H-4 visa without leaving US?
----- If you have H1B visa status then she can file Change of status from H1 to H4 with USCIS before her I-94 expires and can remain in US till you have H1 status and her H4 will be approved, after filing for H4 status she will get h4 filing or COS filing receipt
or she has to do that before she is laid off, otherwise she has to leave and apply for H-4 outside of U.S?

------ Better apply before lay off
She can legally stay in US while waiting for H-4 visa, right?
----- Yes, after filing change of status with form I-539
 
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