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Immigration Issues/H1 - H4 - H1 Change of status

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Question
I am in H1B valid till Sep 2010 and I am in payroll now.
Since I am pregnant, I planned to change my status to H4
for next 8 months as my husband has H1-B valid till sep
2010. I heard that it would take 3 to 4 months for the CoS
and I wish to know about the status in that intermediate
period( date of filing change of status till date of
approval of H4). Please help. Thanks

Answer
Hi,

I recommend that you continue to maintain H1B status by being paid at least the agreed upon salary as noted in the H1B petition filed by the employer until the H4 application is actually approved by the USCIS.

However, in our experience we find that there is no practical problem if you discontinue your H1B employment upon the filing of the H4 application. If there is a Request for Evidence (RFE) or query issued in connection with the filing of H4 application, the question generally asked by the USCIS is whether you were maintaining H1B status at the time that the H4 application was filed (even if employment was subsequently terminated).

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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