Staying in the US while changing status from H1B to H4 after quitting job

USA H4 Visa
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Hey Everyone,

My husband is planning on quitting his job next month (Jul’19) and move to H4 status. I have a few questions regarding that:

  1. My H1B is getting maxed out next year in Jan (Jan’20). My PERM is filed but not approved yet (Priority date 11 Jun’19). In my passport, i have the stamping from my previous employer which is valid until Oct end this year (Oct’19, I-94 validity is about the same), but i have I-797 from my new employer valid until Jan’20.
    Will that affect the H4 process for my husband? Will I need a new stamping on my passport?

  2. Would my husband be able to stay in the US while COS process is pending approval or will he need to move back?

  3. If above two aren’t an option, are there any suggestions on how my husband can stretch his stay in the US (probably on visitor visa??)

Any input would be much appreciated.

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  1. It will not have any impact, you do not need new stamping, if you are within US and maintaining proper status.
  2. He can stay in US, that is the whole point of Change of Status.
1 Like
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Thanks so much for the reply. Another quick question - do you suggest going through an attorney for this process or can it be handled by us online? Any link guiding me through the process would again help. :slight_smile:

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You may seek an attorney, it is up to you…Read USCIS Guide for COS