Legal Question in Immigration Law in Missouri

H1 to H4

Hi, My H1B visa expired on 03 April 2009. My employer filed for H1 extn but got an RFE which was replied back in due time. In case the H1B visa gets rejected, can i go on H4 within US? I know H4 will take some time for approval, so in meantime am i out of status? Do i need to travel back to my home country to get H4 or can i do it from here as well? What all documents are required for COS from H1 to H4.


Asked on 6/10/09, 1:12 pm

2 Answers from Attorneys
Elaine Martin Law Office of Elaine Martin

Re: H1 to H4

It is unlikely that you will be approved for a COS to H-4 since your H-1B has already expired. Normally you must be maintaining status at the time of filing a COS for the COS to be approved. You will probably need to leave the US, get the H-4 visa at a consulate, and return in H-4 status. This, of course, assumes that your spouse is maintaining valid h-1B status so that you are entitled to H-4 status.

Read more
Answered on 6/10/09, 1:49 pm
Daniel Hanlon Hanlon Law Group, P.C.

Re: H1 to H4

Dear Inquirer:

If your H-1B extension is denied, you will be out of status. You could not then file an application for change of status, since you must be in status to change nonimmigrant status.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like further information.

Read more
Answered on 6/10/09, 10:49 pm


Related Questions & Answers

More Immigration Law questions and answers in Missouri