Billerica, MA asked in Employment Law and Immigration Law for Massachusetts

Q: After taking a break from job, do I need to find another employer before previous employer H1B expiration date?

I am currently on H1B status which is valid till 04/07/2019 but was thinking of taking a break from job and change status to H4. If I want start a new job again after the break do I need to find one before my current H1B end date of 04/07/2019 i.e. should the new employer file for my H1B transfer before current H1B end date of 04/07/2019? What happens if I am not able to find a new job before the H1B expires? Am I still eligible to apply for change of status from H4 to H1B after current H1B expires?

1 Lawyer Answer
Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: If your spouse is in H-1B status, and you wish to stop working, you can apply to change your status to H-4. As long as you maintain your H-4 status, whenever you find another employer, you can change your status back to H-1B.

Good luck!

Carl Shusterman

1 user found this answer helpful

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