[kujin88]

Hi Peter, thank you for doing this AMA. I am on H1B and I recently lost my job. I only have about 50 days left to get a new job but I have a spouse who is on his own H1B. I wanted to see and find out legal and smooth options to buy more time for myself to find a new job - If anything, it would be those options that do not need me to leave the country and get stamping, if at all. My country of citizenship is India, by the way. If you can help us out, it would be really great. Thank you.

[proberts]

The best and easiest option because your spouse is in H-1B status is to apply to change your status to dependent H-4 status using USCIS Form I-539. As long as this is filed during your grace period, you can remain in the U.S. while the application is pending/until it is approved.

[safog]

What happens if / when you eventually find a job? Can you file another change of status to a H1B? Does the status of the original change of status app matter? (e.g., can you apply for a COS to H1 while the COS to H4 is still pending?)

Thank you!

[proberts]

Yes, a COS from H-4 to H-1B is an option. However, if the H-4 COS is still pending, you might not be able to get the H-1B petition approved as a change of status but all this means is that to "activate" the approved H-1B petition, you would need to leave the U.S. and reenter with your existing visa stamp (obtained through the previous company) or leave the U.S. and apply for an H-1B visa (if you don't have a valid H-1B visa stamp obtained through the previous company).