I’m currently on H1-B .My company is going out of business.,So I need to change to H4. I have a valid H4 stamping on my passport(till Sep 2022) from my spouse ex employer.I have initiated H1 to H4 COS petition with spouse’s new employer and its pending. Can I go to San Ysidro - PedWest (San Diego) and switch to h4? if yes,how long will be my new i-94 validity?
Because you have a valid H4 visa, CBP at Mexico border may admit you as H-4 and issue I-94. Note that your change of status application may get denied which is fine but if for some reason it gets approved later on after you switch to H4 at CBP, you may end up with two different I-94 # , one issued by CBP and the other attached to the I-797 notice of approval. This will not impact your status and the I-94 # can be easily fixed by again visiting the CBP at Mexico border and entering back using the H4 I-797 so the new I-94 issued by CBP will match the # for the one attached to your I-797.
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Thank you for response.If I get status switch at Mexico border, how long will be my i-94 valid ?Will I get it till new H1b I-797 date of spouse/or till the visa date on my passport?
Your H4 I-94 should match the expiry on primary H1B I-797.