Change of status H1-H4 Conversion

USA H1B Visa
1

Thanks for your service. Can you please clarify my below question.

I started working in H1B Visa from last OCT 2013, Went India for Vacation on Jan 31& returned March 1 with H1B stamping. When I returned USA, I lost my job. Last pay slip which I have is 07/FEB.

As my husband working in H1B. Planning for change of status from H1B to H4 visa. I was in India till 01/March. From March to till date (one month) I don’t have pay slip. If I apply for change of status this Tuesday (04/01). Will my I-539 will be approved?? Or do I need to travel to India for getting H4 stamping. As we just came from India, It will be very hard to travel back to India with kids. Please do help me & provide any good suggestions.

2

Can you please provide your input on my question. Waiting for your response for my next step.

3

Hi Kavin,

          I can see that you were working before and unforutunte that you will be moving to H4 status.

          You can apply for H4 status while staying in US. After confimrtion you can visit (if you want) India.

          While coming back you have to stamp H4 and come.

          Another option is that you could have appiled for F1 visa to get certain advantages like Internships during  

           study & for Optional Practical Training students have to be on F1 Visa (fulltime)

Thanks

Kumar.