Tnv

Hello,

I would very much appreciate if somebody could help me with information
about the change of status from H1B to H4. We are moving from one state
to another. My spouse's job will start in Aug.15th, we will move on
July 15th. I will quit my job on July 10th (now on H1B status). My
spouse is currently on F1 OPT filing for H1B. Question: my dependent
status (H4) will start on Aug.15th, right? Between July 10th and Aug.
15th can I be in the process of changing status and without any actual
visa? If not, should I apply for F2 while my spouse is still F1 or it
may create mass with 2 petitions filed?

Thank you in advance for your advices.

J. J. Farrell

tnv wrote:
    > I would very much appreciate if somebody could help me with information
    > about the change of status from H1B to H4. We are moving from one state
    > to another. My spouse's job will start in Aug.15th, we will move on
    > July 15th. I will quit my job on July 10th (now on H1B status). My
    > spouse is currently on F1 OPT filing for H1B. Question: my dependent
    > status (H4) will start on Aug.15th, right? Between July 10th and Aug.
    > 15th can I be in the process of changing status and without any actual
    > visa? If not, should I apply for F2 while my spouse is still F1 or it
    > may create mass with 2 petitions filed?

It's a tricky situation, and I'm not entirely sure. You become eligible
for H-4 status when your wife goes into H-1B status on Aug 15. I think
you need to file before July 10 for a change of status to F-2 to take
effect on July 11, then again for a change of status to H-4 to take
effect from Aug 15. I'm not sure what status you should describe
yourself as being in on the second application, though.

I'd check with an attorney.