H1B to H4 or F2 after resigning from H1B job in USA?

USA H4 Visa
1

Hello everyone,

My case is

  1. I have my first three-year H1B valid until 09/09/2018. But I have resigned from current job on 06/29/2018, I am now on grace period until 08/29/2018.
  2. My boyfriend and I will get married on July, I want to transfer to dependent status before grace period ends. His OPT started on March, and he got H1B lottery on April, but just received RFE on last week.

Question: Should I submit request for transfer status to H4 or F2 on August?

Thank you!

2

Hi @yutingsally

  1. By grace period, you mean the 60 day H1B period after you lose H1B job?
    If yes, then that option is ONLY available if you are fired from the job by employer.

    You cannot resign and still maintain the status without joining another H1B employer or chaging your status.

Read more about it here:
https://www.truvisa.com/t/h1b-60-days-grace-period-uscis-rule-h4-ead-validity/289

  1. You cannot request for H4 status unless your boyfriend’s H1B is approved.
    Since, it is in RFE status right now, you are better if you request change of status to F2.