COS H1 to H4 in progress, good to stay ?


Ganesh14

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We applied for a COS from H1 to H4 and receipt date was August 20, 2018 

Employer A -> H1B revoked on July 13, 2018 on USCIS website
Employer B -> H1B Transfer+Extension denied on Aug 9, 2018 
My i-94 assoicated with my Employer A H1 expired on September 10, 2018

So currently I am in USA based on the i-539 receipt notice 

1. Am I good to continue to stay in USA based on the receipt notice ? 
2. The gap in filing COS considering I don't have a valid status on August 20, 2018 will my H4 gets approved ?

 

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On 9/17/2018 at 11:10 AM, Ganesh14 said:

We applied for a COS from H1 to H4 and receipt date was August 20, 2018 

Employer A -> H1B revoked on July 13, 2018 on USCIS website
Employer B -> H1B Transfer+Extension denied on Aug 9, 2018 
My i-94 assoicated with my Employer A H1 expired on September 10, 2018

So currently I am in USA based on the i-539 receipt notice 

1. Am I good to continue to stay in USA based on the receipt notice ? 
2. The gap in filing COS considering I don't have a valid status on August 20, 2018 will my H4 gets approved ?

 

I think you should be fine to stay. You *were* in valid status on August 20 -- you remain in status for 60 days after leaving your job, unless your I-94 expires first. So assuming you left your job on July 13 (or any date after June 21), you would have still been in status on August 20.

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