Change of status from H-1B to H-4
The writer of this message is not a lawyer and this message is not meant to be legal advice. Before relying on this information, you must consult a lawyer on the facts of your specific case. The Law Offices of Rajiv S. Khanna takes no responsibility for the accuracy of this information.
You are out of status from the day on which your employment is terminated. It is advisable that you apply for a change of status to H-4 as soon as possible. If INS is sympathetic to your case, they might issue you an I-94 together with the approval. If they do not issue you a new I-94 together with the approval, you will have to leave the US and go back to back to your home country to get the H-4 visa stamped in your passport. Return will be possible only if when you leave the US your I-94 has not expired for more than 180 days or has not been revoked.
