In my case, my current H1B will be expired on August 1st. I just received a offer from a local industry, and will start to work on Oct 1st for the new company. So in this case,
1. If I choose to change my status (COS) to H4 (my spouse has H1b visa), can I still stay in US while the case is pending
-Yes.
or I have to leave US and re-enter before Oct 1st and start working as H1?
2. In my case, can I legally stay in US once I submit the COS application, or the application has to be approved?
-You can stay in US once you file the I-539 COS application.
3. After the H4-H1 change of status got approved, do I have to lease US and re-enter US?
-Depends. if your H4 is approved before Oct. 1, you do not need to do anything and just work on Oct. 1. If your H4 is approved after Oct. 1 (after your H1 is effective), you have to go outside US to get the H1 visa because the H4 status will override the approved H1 in this case. So, you need to make sure the H4 is approved before Oct. 1, and not let the H4 override the H1.
4. In this case, should I apply for H1 to H4 first, or alternatively, ask the company to apply H1 for me first? Which way is better?
- Do both at the same time. You can ask the company to file the h1 petition now, but you had better not work for them until Oct. 1. You also had better file the I-539 now to ensure your H4 will be approved before Oct. 1. You can conitue to work for your school/current employer until August 1 or until the H4 is approved whichever is earlier.
