Procedure to Change status from H1 to H4 with below mentioned scenario?


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:

  1. 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?
  2. 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.

More information is needed to help with this case as the current status has been maintained or not is questionable.

It depends on when the paystubs were generated and when they were discontinued.

It would be better to talk to your attorney as they would know all the details with exact dates.

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