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Narun

H1-H4 COS

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I have applied for  COS from H1 to H4 and H4 EAD.

Currently both the applications COS to H4 and H4 EAD , seems to be in 'Case Recieved Status' per the USCIS site and my  H1 B is expiring on March 6th 2019.

Below are the questions :

  1. Can I stay beyond March 6th in USA  ,though my I 94 and H1 B petition is expiring on March 6th 2019?
  2. Due to a personal reason , I need to travel to my home country in the month of April this year and then go for visa consulate stamping. If I AM travelling during  COS is in progress , will there be a problem during the visa consulate stamping. ? 
  3. If COS is not approved prior to Visa consulate stamping, after I am  back to USA, how do we go with the current COS to H4 and H4 EAD application. Do we have to revoke them and then apply again for a new H4 EAD ?

Appreciate your help.

Thanks

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15 hours ago, Narun said:

I have applied for  COS from H1 to H4 and H4 EAD.

Currently both the applications COS to H4 and H4 EAD , seems to be in 'Case Recieved Status' per the USCIS site and my  H1 B is expiring on March 6th 2019.

Below are the questions :

  1. Can I stay beyond March 6th in USA  ,though my I 94 and H1 B petition is expiring on March 6th 2019?
  2. Due to a personal reason , I need to travel to my home country in the month of April this year and then go for visa consulate stamping. If I AM travelling during  COS is in progress , will there be a problem during the visa consulate stamping. ? 
  3. If COS is not approved prior to Visa consulate stamping, after I am  back to USA, how do we go with the current COS to H4 and H4 EAD application. Do we have to revoke them and then apply again for a new H4 EAD ?

Appreciate your help.

Thanks

1. Yes.

2. No issues.  No problem.

3. You need to apply for new H-4 EAD as USCIS will void your H-4 COS because you traveled out of country and your H-4 EAD will also be void because it was filed together.

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16 hours ago, Narun said:

I have applied for  COS from H1 to H4 and H4 EAD.

Currently both the applications COS to H4 and H4 EAD , seems to be in 'Case Recieved Status' per the USCIS site and my  H1 B is expiring on March 6th 2019.

Below are the questions :

  1. Can I stay beyond March 6th in USA  ,though my I 94 and H1 B petition is expiring on March 6th 2019?
  2. Due to a personal reason , I need to travel to my home country in the month of April this year and then go for visa consulate stamping. If I AM travelling during  COS is in progress , will there be a problem during the visa consulate stamping. ? 
  3. If COS is not approved prior to Visa consulate stamping, after I am  back to USA, how do we go with the current COS to H4 and H4 EAD application. Do we have to revoke them and then apply again for a new H4 EAD ?

Appreciate your help.

Thanks

1- Yes. That's what the COS is for. i.e changing one status to another. You can stay but cannot work after i94 expiry and with no timely filed extension or "transfer" petitions.

2- As soon as you leave US while COS is pending , COS is considered abandoned. Your COS will not be approved and hence H4 EAD will not be approved. You would have to decide if you want to get a H4 visa or want to come back with a valid H1b visa. 

3- See 2. If you decide to get H4 and come back to US, you would have to apply for H4 ead again.

 

Edited by xTDx

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