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Change of status from H1 to H4.H1 expiring with in a month

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  • Change of status from H1 to H4.H1 expiring with in a month

    I entered country on h4 and have a valid stamp till Oct 2012.Then we applied for COS to h1. My h1 is expiring with in 30 days. I need to travel to india in coming months and my job is also going to be done. So we are planning to apply for h4. If i dont receive my h4 before h1 expiry am i out of status. If i receive the receipt before my h1 expiry am i considered in status.

  • #2
    You can stay in the US as long as change of status receipt is received before your last day at work and before H1 I-94 date.
    However, you should not leave the US while the change of status is pending. Leaving before may create status confusions later. It takes 2 to 3 months for processing.
    This is my opinion and not legal advice.

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