H1B to H4 - Date of start

anuvnu387

Registered Users (C)
Hello Everyone,

I am currently on a H1B visa that is valid until end of 2011. However, I am having problems with my employer and would like to quit ASAP and become a dependent on my wife's H1B.

Meanwhile, I am interviewing for other jobs.

I have a couple of questions:

1. Can I stop working as soon as my I-539 change of status to H4 is received by the USCIS or do I have to wait until it is approved before quitting work. I understand that if it is not approved then I might be out of status.

2. Based on my reading the supporting documents for this purpose are:
Passport copy (both mine and my wife's)
I94 (both mine and my wife's)
Recent pay stubs (both mine and my wife's)
Marriage Certificate (notarized)
H1-B approval notice I-797A (my wife's)
Am I right?

2. While my I-539 is being processing can my new employer submit a H1-B petition?

Thank you very much in advance for the help.
 
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