Legal Question in Immigration Law in California
Hi my h1 got canceled on march 23 2011 and i want to change my status from h1to h4 will i do that when staying in US or do i have to go out of country and apply for a change of status and also how much grace time i have until i leave the country or apply in US
5 Answers from Attorneys
You can do that while you are still in the US but you need to move very quickly in changing your status. For a free consultation, please contact my office at 904-371-3538 or email me at [email protected].
You will need to file as soon as you can for the change of status, unless you are planning to leave within the next week or so - in which case you can change your status at the consulate instead. Please let me know if you have questions regarding what documentation you may need. I can be reached at [email protected] or 206.931.1862. Thank you.
You will need to apply for your visa at the consulate abroad. There is really no "grace period" that allows you to change your status when your status has expired. You should make sure that you leave the U.S. before accumulating 6 months or more of unlawful presence because then you will be barred from reentering the country for 3 years. Please feel free to contact me at 415-273-9123 or [email protected] to discuss your situation further.
You must file for change of status ASAP. But, USCIS may approve the case for consular processing. You may have to leave USA and re-enter with the H-4 visa. Please contact our law office in San Diego for further consultations @ 619-922-5287 or 619-501-1616. Attn: Joe La Costa, Esq. or Ramia
Your employer most probably has notified the USCIS regarding your H1 visa cancellation, in which case you should apply for your H4 at the appropriate U.S. consulate abroad.