H1 to H4 COS

[vaish123]

My Husband is on H1 right now, his perm is rejected and with BALCA now. He recently got one year extension for H1 visa. 

 

1. Can he go for H1 transfer via another employer considering PERM rejected? 

2. Will there be any issues in such situation? how long does he get the H1B when transfer and when the validity starts usually? 

 

3. can he apply for H4 COS from H1? 

4. What would be his status while he has applied for H4 but waiting for approval? will his H1 be valid during this wait period? can he continue to work? 

5. What happens if H4 is denied, will his H1 be invalidated or H1 still continues and he can continue in event if H4 denial? 

6. Can we apply H4 and H4-EAD concurrently?

7. Can he continue to work on H1B after his H4/H4EAD are approved and decides not to use H4? 

 

Thanks! 

[pontevecchio]

1. I suspect not a question for a forum .

2. see 1.

3. Yes

4. He will be in H1 status until the COS is approved.

5.It would be MOST UNUSUAL for his H4 to be denied unless you are not in valid H1 status.

6. Probably not.

7. NO

 

I would urge you to have him consult a Lawyer for specific help.