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Self Filing H1 to H4 after being laid off

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Posted by Cherry7479 (48) 09 Dec 2015#1
Folks,

I have been laid off and was not able find a job yet to do a H1 transfer. I am planning to convert to H4 status by self filing so that I don't go out of status.

Has anyone done this or do you recommend going through an attorney. Any idea what is list of check list items required?I know this is a fairly simple form and dint want to go through an attorney.

Also if I am able to find a job before H4 transfer is approved, can i switch back to H1 without any issues?
Also what would be a best reason to tell prospective employer? I am not sure how employers view things when being told that you were laid off.
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Posted by Cherry7479 (48) 10 Dec 2015#2
to Cherry7479:

Bumping it up.

Can someone provide with insights.
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Posted by nirdesh (1) 12 Jan 2016#3
to Cherry7479:

Hello,

Very sad, I can imagine your situation. you should file adjustment of the status(if you are still in USA) as soon as possible. Don't wait for 30 days,Its an unwritten law. You will need a marriage certificate and your spouse's H1B documents. All the documents are almost same as H4 visa interview.

you should be fine if you are able to find an employer who can file your H1B. Good news is you will not have to go through the lottery again.(Only if you haven't used your 6 years of H1B)

All the best and Sorry for late response.

Note : These are my personal views not a legal advice.
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Posted by Cherry7479 (48) 12 Jan 2016#4
to nirdesh:

Thanks. I already consulted with an attorney and filed the COS.
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Posted by born4h1b (59) 24 Aug 2017#5
Hi Cherry, Hope all went well with you. I am in a similar situtation now could you please help me with the steps you have followed. Thank You.
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Posted by Cherry7479 (48) 24 Aug 2017#6
to born4h1b:

You should file the COS without waiting and closer to your last paystub so as not to accrue out of status. In case you get an employer to re-instate your H1 get that done in premium and once approved you can send a letter to uscis to withdraw the pending H4 application.
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Posted by born4h1b (59) 24 Aug 2017#7
to Cherry7479:

Cherry7479, Thanks so much for your response. Sure, I will do that. Can I apply for COS H4 by myself, is it through attorney only?
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Posted by Cherry7479 (48) 24 Aug 2017#8
to born4h1b:

No need for attorney. its pretty straight forward. You can keep one in case you dont feel comfortable filing yourself
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Posted by born4h1b (59) 24 Aug 2017#9
to Cherry7479:

Cherry7479, Thanks so much for the fast response. Very helpful. Is it possible that I can call you for few minutes.
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