Is the deadline to file an H-4 change of status set by the H-1B petition end date or the I-94 expiration date?

Immigration Law

Liz

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Before July 10th should be fine, as the I-94 sets your lawful stay. A change of status request must generally be filed before the authorized period of stay shown on the I-94 expires. (8 CFR 248.1(b)), (8 CFR 214.1(c)(4)). H-4 dependent status for the spouse of an H-1B worker is governed by (8 CFR 214.2(h)(9)(iv)).

So that can become complicated. H4 approval can take several months. If they file while the H4 approval is still pending, it usually will be held up by the H4, as you need a status to move from to go back to H1b.

Form I-539, Application to Extend/Change Nonimmigrant Status

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Hi.

Lexi, Chatbot

Hi. How can I help?

My H1B is ending in June 30 and I94 date is July 10. What is the deadline to file for a change of status? June 30 or July 10?

Lexi, Chatbot

I understand that navigating visa deadlines can be stressful. Can you please confirm if you are currently in the U.S. on your H1B visa?

Yes, I am working on a cap exempt H1B.

Lexi, Chatbot

Have you already identified the type of change of status you are looking to apply for?

Yes, H4 through my spouse.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your H4 application.

No.

Liz

Hi there! Welcome to our service. My name is Liz and I've been an attorney for more than a decade, and I am here to assist with your legal concerns. No attorney-client relationship is formed from our conversation. So I can best help, to be clear, the H1b is ending due to a layoff or you capped out on years?

I did not extend my current contract. My H1B was for only 1 year.

Liz

Got it, thanks for sharing that. You do usually get to remain until the I-94 expires, although you'd usually want to file the change of status as soon as possible as it can take time.

Of course, I understand. But my husband's institute does not file for his H1B until June end. I understand that I need the receipt for filing for H4 COS. They are doing premium for him.

Liz

You could file your COS with his H1b, which can sometimes have it process premium too.

I don't think his institute does H4 filing.

Liz

If in before your I-94 expires, you could still do the CoS, although with his H1b not being filed til end of June, that can cut things a bit close.

His H1B will get filed before June. I will check if my H4 Can be filed with it.

Liz

If it's not filed with it, if they use premium, his H1b should take about 15 days.

Yes, I understand. I will do COS with his receipt. I do not need the approval to file.

Liz

Correct, just the receipt.

Does filing it before July 10 works or it has to be before June 30? Also, how long does H4 approval take in general? If I am getting another job, can they file for my H1B when I wait for H4 approval?

Liz

Yes, I understand that. If I get a job now, what can be my start date given H1B portability? June 30 or July 10?

Liz

If you got a job right now, you could make it either date. You could also transfer before your current contract ends if the contract allows it.

Yes, right. Thank you.

Liz

You're very welcome. You can also start on receipt if you wish.

Liz

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