RB621 Posted February 5, 2020 Report Share Posted February 5, 2020 My H1B extension got RFE on Jan 30,2020 and I94 expired on Sep 30, 2019. In case of any H1B denial, Can I apply for CoS to H4 based on Spouse active H1B immediately within 10-15 days grace period we get to travel out of USA. Will I be considered Out of Status during anytime of this process. By the time I receive response I will be in Week 38/39 of my pregnancy and in restricted mode of International travel Quote Link to comment
User099 Posted February 7, 2020 Report Share Posted February 7, 2020 Since your I94 is expired, even if you apply H4 it will be approved without an I94 which mean you will have to travel to get a visa and new I94. Its better to talk to an attorney asap as you will be unable to travel with your health condition. Quote Link to comment
RB621 Posted February 7, 2020 Author Report Share Posted February 7, 2020 Thanks for reply. I am good if H4 will be approved without I94 as I can travel later on after baby birth in like a month. Can you let me know on below 1. Can I still apply for CoS if my H1 extension gets denied immediately, although my I94 expired so I can maintain my status till USCIS takes action on H4 application ? 2. Will I be Out of status immediately and not in position for CoS to H4 after H1 denial? Quote Link to comment
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