H1 to H4 Change Of Status spouse on OPT

Hi Saurabh,

I am currently on H1B visa and need to change status to H4. I have following queries

  1. My husbands H1B is approved in current cycle and will be effective from 1st Oct 2013. Currently he is on OPT . Can I convert to dependent straightway OR have to wait till 1st Oct?

  2. Once I am putting paper in current comp when Change Of status should be filed? I don’t know when they can release me max beteen 1-2 weeks. What will happen if they will release me and COS is not filed OR Vice-versa.

  3. Once COS is approved from H1-H4 I am planning to travel abroad and then come back on H4. In future(After 1 year Or so) can I convert to H1 again if I am getting job again? Will that be COS again from H4 to H1?

It will be great help if you can guide me as I am in dilemma. Thanks in anticipation.

  1. I think it can be filed even now w/ an effective date of Oct 1.

  2. You are expected to continue in current status until COS becomes effective. This means, you have to remain on H-1 at least until Oct 1 (earliest COS effective date).

  3. Yes, that can be done in future by filing COS from H-4 to H-1.