It was 125 days I am out of job, I am on H1
Now I want to change my status to H4 as my husband is on h1(and also as I couldn't find job).
----- if your I-94 based on H1b has not expired then you can file COS( Change of Status) from H1 to H4 based on your spouse H1, you need to file form I-539
Can I file for H4 in u.s.a(I heard that they ask for recent paystubs to check until when i was employed with my h1)
---- you CAN file in USA they don’t ask pay stubs for H4
Or should I go out of country (canada, mexico,india) to get
h4.
------- You have two options:
1.If your I-94 based on H1b has not expired then you can file COS (Change of Status) from H1 to H4 based on your spouse H1, you need to file form I-539 with USCIS and you will get H4 status approved and new H4 approval notice till your spouse H1 validity and I-94 will be attached with H4 approval notice till your spouse H1. (Your H4 COS should be filed before your I-94 based on H1 gets expired)
In this case you don’t need to go out of us to get VISA stamp you can remain in US till your I-94 validity, VISA Stamp is just for entry to US. When you go out of US then you can get H4 Visa stamp to enter on H4 status again
2. You can go out of US and get H4 visa based on your spouse H1 and renter on H4 status
