H1B to H4: Out of Status/In Status and Effective Date

[bowen]

Hi, I am considering transfer from H1B to my spouse's H4. I have 2 questions regarding the same.

1. If I resign from my current job after receiving the COS receipt and several months later my COS is denied, am I out of status or in status for the period from my resignation to the denial?

2. Some lawyer told me I can specify the effective date of COS in the application and some lawyer said I cannot, has anyone gone through this process know i can or cannot?

Thanks.

[NYWarrior]

20 hours ago, bowen said:

Hi, I am considering transfer from H1B to my spouse's H4. I have 2 questions regarding the same.

1. If I resign from my current job after receiving the COS receipt and several months later my COS is denied, am I out of status or in status for the period from my resignation to the denial?

2. Some lawyer told me I can specify the effective date of COS in the application and some lawyer said I cannot, has anyone gone through this process know i can or cannot?

Thanks.

Even I'm also looking to get clarity on this.

[shekar11#]

1. If the COS is denied then you will be out of status. Why do you think your COS will be denied. If your spouse H-1 is in good standing you will have no issues for COS.

2. You can mention the effective but USCIS may or may not consider it. Usually they give the start date the day they approve the COS.

[NYWarrior]

22 hours ago, shekar11# said:

1. If the COS is denied then you will be out of status. Why do you think your COS will be denied. If your spouse H-1 is in good standing you will have no issues for COS.

2. You can mention the effective but USCIS may or may not consider it. Usually they give the start date the day they approve the COS.

Point 2 --> what happens to  period between filed date and approved date/start date of COS

Let's say we file today 1/18/2017 and if it get approved after 3 months 3/18/2017. Do we need to continue employment till it get approved?

 

[shekar11#]

1 hour ago, NYWarrior said:

Point 2 --> what happens to  period between filed date and approved date/start date of COS

Let's say we file today 1/18/2017 and if it get approved after 3 months 3/18/2017. Do we need to continue employment till it get approved?

 

Yes you can if you have a valid petition during that dates.