If my H1B is expiring next month and I’m planning on filing for an H4 based on my husband’s H1B, do I need to specify explicitly to start my H4?

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If my H1B is expiring next month and I’m planning on filing for an H4 based on my husband’s H1B, do I need to specify explicitly to start my H4?

Or is it implied based on the documents I submit? Or will the H4 be applicable from the date of the application?

Asked on December 5, 2014 under Immigration Law, Texas

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are submitting a change of status application, it means you want it to start immediately although it will take some time to adjudicate and the validity date will most likely be in the future as the start date.  However, you will need to file the change of status while you are still in valid H-1B status as you can only do a change of status while you are IN status.


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