I have valid H4 Extension with I-94 till 02/17. I have valid H1 from 10/15.My question is if my employer revokes H1B, can I stay in USA on 1. Valid H4 extension and I-94 2. or I need to go out of US and come back on new H4 visa. 3. or I file change of status from H1 to H4 in USA without going back to my home country Please let me know which is the best suitable option available.
Thanks,
Help
Was your H-1 approved w/ COS? Is your current status H-1?
If the answer is yes, then you need to take an action to move to H-4 status:
leave US and return on stamped H-4 visa
file COS from H-1 to H-4. You would need to show proof that you have been working on H-1 and have been maintaining legal status by getting paid
In H1 copy USCIS has mentioned this change of status is approved means( H4 to H1).
My husband has filed extension in june 15. and it got approved in jan 16.So I have valid H4 i-94 along with that.
From oct 15 I got H1B visa.Now my employer revokes then can I stay with approved extension H4 or I need to go back to home country.
If H-4 extension was approved after H-1 COS went into effect, then you are on H-4 now. So even if they revoke your H-1, you don’t need to go for stamping again.