H4 Change Of Status during H1B extension in process but after I-94 expiration date

[Simran Ji]

Hi,

I need your help in below :

My Situation:

- H1B Extension Filed : April/2018 (6 year ends - Aug/2019) 

- Previous H1B I-94 Expiration Date: July/2018 

- My husband works for a reputed company on H1B and has maintained status (I-140 was approved back in 2017).

I am planning to apply for H4 COS so that in case my H1 extension is denied, I do not need to travel back to India and can stay here.

Questions:

I understand that I am in legal status for 240 days (starting from 07/20/2018) due to my pending H1B extension petition so I am eligible to file H4 COS. 

- Will my H4 COS petition be defined as "bridge" petition since I am applying for H4 after my I-94 expired? 

- Given that I am applying for H4 COS while I am in lawful status (H1B extension still pending) 

  -- What should be filled as the effective date for new status for the COS application (I-539). The decision date for H1B can not be foreseen.

  -- Is there a way in the COS application to specify that status should remain current i.e. H1B if it extension gets approved otherwise it should change to H4. 
  -- If not, what will happen if my H1B extension gets approved, will I need to file COS from H4 to H1 that time?

 

Thanks & Regards

Simran Ji

[shekar11#]

On 11/9/2018 at 5:12 PM, Simran Ji said:

Hi,

I need your help in below :

My Situation:

- H1B Extension Filed : April/2018 (6 year ends - Aug/2019) 

- Previous H1B I-94 Expiration Date: July/2018 

- My husband works for a reputed company on H1B and has maintained status (I-140 was approved back in 2017).

I am planning to apply for H4 COS so that in case my H1 extension is denied, I do not need to travel back to India and can stay here.

Questions:

I understand that I am in legal status for 240 days (starting from 07/20/2018) due to my pending H1B extension petition so I am eligible to file H4 COS. 

- Will my H4 COS petition be defined as "bridge" petition since I am applying for H4 after my I-94 expired? 

- Given that I am applying for H4 COS while I am in lawful status (H1B extension still pending) 

  -- What should be filled as the effective date for new status for the COS application (I-539). The decision date for H1B can not be foreseen.

  -- Is there a way in the COS application to specify that status should remain current i.e. H1B if it extension gets approved otherwise it should change to H4. 
  -- If not, what will happen if my H1B extension gets approved, will I need to file COS from H4 to H1 that time?

 

Thanks & Regards

Simran Ji

You cannot apply for COS to H-4 now as your I-94 is already expired. You need to wait for a decision on your H-1. You can legally stay in US but cannot submit a COS application.

Best option is to wait for H-1 decision and in case something goes wrong, just go to Canada and go for H-4 stamping based on your spouse H-1 petition.

If you are planning for Canada make sure you have a visa ready to avoid last minute rush.