H1 expires H4 stamped - Need to know process

[rujuta1910]

Hi,

I am on H1B. I am not able to continue job. My H1B is gonna expire. I have H4 visa stamped in passport as my husband is also on H1B here. What shall I do if I want to stay in USA on H4 onwards? I mean I need to know the legal process to continue my stay here on H4 instead of H1B.

I will be very thankful to you if you can help me out.

Thanks
Rujuta

[DMX17]

You have two options I think..

1. Apply for a Change of Status (COS) from H1 to H4. This will require that you maintained your H1 status by getting paid. Not getting paid puts you out of status and, to apply for COS, one must be in legal status. USCIS verifies that you maintained your H1 status by asking for pay stubs.

2. If your H4 stamp is valid, you can go out of the U.S and enter using this H4 stamp and your spouse’s H1 I-797. This will put you in H4 status as you will be given an I-94 till the I-797 expiration date.