Conversion to F1 Dependent OR H4 status while in USA

USA L1, L2 Visa
1

Hi Saurabh,

My spouse is currently in OPT status and his employer is filing H1 in the 2014 cycle.I am on valid H1 status and working in USA. I am planning to convert to dependent due to some personal reasons.

I have following queries.

  1. Considering that his H1 is filed on 1st April 2013. Can I convert to dependent after 1st April?

  2. Will that be OPT dependent or H1 dependent?

  3. Can Change of status for OPT dependent be filed after 1st April without leaving USA?

  4. Considering that he can work on H1 after 1st Oct 2013. Is there any possibility to file H1B->H4 change of status without leaving USA?

Thanks in advance.

2

  1. I would suggest against doing it in April. You don’t know what will happen to his H-1. So my suggestion will be to file it once his H-1 gets approved w/ COS.

  2. If you file for COS after his H-1 approval, then it will be H-4 (H-1 dependent).

  3. OPT dependent is basically F-2 and if you file for it in April, there can be some coplications. This is b/c you will be moving from H-1 to F-2, while your spouse will be moving from F-1 to H-1 (which once approved will invalidate your F-2).

  4. Yes, this is possible. Once his H-1 is approved, you can file COS from H-4 to H-1 and give effective start date of Oct 1. USCIS will process it and approve it for Oct 1 (or later) and you don’t need to leave US for that. You will have to continue working on H-1 until COS becomes effective.

How soon do you plan to stop working?