H-4 Visa

H-4 Visa and Status Validity

Here is a question from clients.immigration.com, our clients-only extranet.:

Hi Rajiv
My husband has changed his job and his H1-B is being transferred. I am on H4 visa with valid stamp till 04/30/2012

My questions :
1. Do i have to also apply with him for H4 transfer ? Or should I be able to contd on valid status as my current H4 visa is valid ?
2. If I have to travel out of the country , can I travel with my current H4 visa stamp ? or should I have to re-stamp it with my husband's new I-797 for new company ?

From H-4 to F-1

Some questions from the community:

I have been on H-4 for almost 3 yrs now, and starting my MS in Spring 09 (on H4 status itself). But now I want to change to F-1 for personal reasons. I have the following doubts. request your clarification:

a. If I want to get my F-1 stamped from India, do I need to submit I-539 form also to the ISO of my school ?

No. An I-539 is used if you want to change status within USA.

b. How long should I be on F-1 before when I will be eligible to apply for OPT and work using the same?

90-Day Rule for Changing Status from B-1/B-2 to H-4

Question details

Does the "90-day rule" allow me to change from B-1/B-2 to H-4 status inside the US?

Video URL
FAQ Transcript

No. The "90-day rule" is a misconception; USCIS always evaluates the intent behind your entry. Entering with the intention to change status can be viewed as misrepresentation. It is generally safer to process your visa stamp outside the US.

Layoffs and H-1B to H-4 Conversion

Question details

If an H-1B spouse is laid off, can they convert to H-4 while searching for a job and then switch back to H-1B once they find a new employer? 

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FAQ Transcript

If the H-1B petition is received by the government within the 60-day grace period, the spouse can not only switch back but can start working immediately upon the receipt of the filing.