I’m seeking advice for a friend who currently holds an H-1B visa but is considering changing their status to H-4 due to a current lay-off.
Here’s their situation:
- Entered the US as an H-4 dependent in October 2022.
- H-1B petition was approved in October 2023.
- Change of Status (COS) to H-1B Amendment was approved in January 2024.
- Employer could not process the Salary and also project work assignment till May 2024 as There delay in getting SSN due to a delay in USCIS clearance for the duplicate name.
- Unfortunately, their employer is laying them off effective July 1st, 2024, as she cannot accept a remote work arrangement due to personal circumstances.
Given these details, I have two questions:
- Can my friend apply for a Change of Status (COS) to H-4 with just one month of paystubs? Would this allow them to remain in the US legally while they address their personal emergency?
- Will this brief H-1B employment period affect their eligibility for future H-1B applications with the cap-exempt provision?
We appreciate any guidance you can offer on the best course of action for my friend in this situation.