H1b to H4 Conversion in US | H4's primary holder not in US yet

[vamshi294]

Hi All,

I am working in USA on H1b. Now my wife is in India, she got her H1b stamped.
Even before she travels to US, can i go for COS to H4 and still continue to be in US, without working.

I need to do this conversion, as my Wife's job location is different from mine, and we have a 2 year old kid to be taken care of.

Thanks for your time.

[raghvi]

Hi All,

I am working in USA on H1b. Now my wife is in India, she got her H1b stamped.
Even before she travels to US, can i go for COS to H4 and still continue to be in US, without working.

I need to do this conversion, as my Wife's job location is different from mine, and we have a 2 year old kid to be taken care of.

Thanks for your time.

No you cannot, your spouse should have maintained or be maintaining valid H1 Status in order for you to get H4. Also extended presence of H4 in US while H1 is not in US is not allowed.

This is my opinion not legal advice.