Change of status FAQs

I wanted to seek your guidance regarding my pending H4 extension application. Below are the details:

I am on H4 status with my current visa valid until August 29, 2025.

My husband’s H1B extension has been approved, and we filed my H4 extension (I-539) along with his H1B. I received my receipt notice on April 2, 2025. Due to a family health emergency, I traveled to India on April 29, 2025, and re-entered the US on June 18, 2025, using my valid H4 visa. Upon entry, I received a new I-94 valid until [insert the expiry date on your new I-94 here, e.g., August 29, 2025]. I would like to confirm:

Will my pending H4 extension (filed prior to travel) be considered abandoned due to my departure from the US while it was in process?

Should I apply for a new H4 extension application? Is it recommended to recall the current H4 extension application and immediately fill a new H4 extension? Or should I wait till I get my H4 withdrawal approved?

If so, do I need to file a new H4 extension application before the expiry of my current I-94 to maintain my status beyond that date? 

Is there any additional action you recommend in this situation to ensure uninterrupted H4 status?

 

Is applying for a B-1/B-2 visa still an option for individuals who have been laid off while on an H-1B visa?

I applied for a change of status from an H1B to an H4 visa via I-539 in May 2024 as I got laid off, with my last working date being 3/19/2024.

The document was received by USCIS on 5/10/2024 and confirmed by I-797C, Notice of Action dt 5/20/2024.

On 12/26/2024, my case was approved. I received I-797A Notice of Action with Approval on 1/7/2025. The approval date shows the validity of H4 from 12/23/2024 to 03/13/2027.

On my I-539 I had asked for the change of status to be effective from 05/15/2024 as my 60-day period would run out on 5/19/2024.

However, the H4 approval shows the start date as 12/23/2024. So, my question is, what status was I in during the period 5/19/2024 and 12/23/2024, and will I face any problems if I go for visa stamping? Do I need to write to USCIS and ask for a date to be changed to 5/15/2024 to avoid issues in the future?

 

I worked in the US for the last 3 years on STEM OPT but did not get selected in the H1B lotteries. I returned to India in June 2024 and have been working with the same company since then. My employer plans to file my L1A visa petition after July 2025.

Can I also participate in the upcoming H1B lottery?

Would applying for the H1B affect my L1A petition?

Additionally, given that I have worked outside the U.S. for a year within the last five years with the same company, is it possible to transition from H1B to L1A status?

I am in the US with an approved COS from B2 to F1, so my F1 visa is yet to be stamped on my (Indian)Passport.

1. My STEM masters program is for 9 months, and my I20 has a start and end date of 2 years(2026). Do I have to stamp before the end of 2 years to avail myself of the OPT and STEM validity?

2.I might have to visit a family member in Canada sometime in mid-2025 after my master's program has started. Is it advisable to go to Canada since I do not have the F1 stamped on my Visa? If I can visit, then will I require a different visa?

3. Is it possible for me to schedule my F1 Visa stamping in Canada during the visit? Or would you advise something different here? Or is it better to get it stamped in Mexico?

- H1B 60-day grace period starts on the date of getting notice of layoff from the employer, on the date of the severance paycheck, or on the last date of the regular paycheck?

- During H1B 60-day grace period, what is the best time to apply for B1/B2? When 30 days are left, 15 days are left, etc.?

- H1B is for 6-years of work, or 6-years total? I mean does unemployment time or B1/B2 time etc. also counts in 6-years of H1B?

- After layoff on H1B, if decided to go to school, then how to stay in US until getting admission decision and until school starts, that could take many months.

- After layoff on H1B, what is the better option to choose between B1/B2 and F-1?

I have just 50 days left on my H1B grace period, and I need to get an employer to transfer my H1B, or I will be kicked out of the States. My question is, which of the following paths should I choose?

1) I have a Canadian visitor visa, which is for six months, so can I go to Canada if I don't get a job by the grace period?

2) If I don't get an employer should I shift on B1/B2? If I do, how can I come back on H1B? Is there anything else you suggest to keep my H1B active?

Case: Picked for H1B lottery.

- What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?

- Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?

- If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?

- Are there any travel restrictions from June to Sept