H1B to H4 COS for Spouse

USA H1B
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1

Hello All,

My spouse wants to move from H1B to H4 in Mar 2025 by taking a break from her work. I have few questions regd the process. Any help is much appreciated.

Background:

Her first 3-year H1 Visa expires in Aug 2025 and my first 3-year H1 Visa expires in Jan 2026 (both are due for renewal)
My employer has just started PERM process.

Questions:

  1. When is the best time to start the process
  2. Can I file I-539 online?
  3. Can I apply it myself without help of attorney?
  4. Can she work until she receives I797 change of status
  5. What if she decides to quit earlier or she’s laid off before the arrival of I797 will it be violating H1B 60 days grace period
  6. Will it be a problem to come back to H1B from H4 later on and can she do the change of status in USA or go through a consular process?
2

The best time to file H1B to H4 is when you are ready to take a break.

Check the filing online process on the day of filing. At this time, they allow filing it online.

You can file it yourself without an attorney.

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3

Thank you Anil! This platform and tools you created are god sent!

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