Hi ,
I am currently in USA on H4 and got my H1b approved. But i797 (it has no i94 extension)says to appear before consulate for stamping in India, even though my attorney applied for change of status.Considering the current visa stamping slots in India , I do not have visa slots until April 2023. Can I continue to stay in US on H4 until April or do I need to leave immediately. Also my attorney suggests to apply for one more I129 to change the status so that I don’t need to visit India. Please advise on this.
You can continue to stay in US on H4 if your H4 is valid. No need to leave immediately.
Thank you, Can my attorney file another I129 for change of status
Yes, they can file H1B amendment with change of status however if you want to quickly change status to H1B, apply with premium processing.
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