Applied H1b to H4 in USA and Can I be on Payroll till H4 approval?

[rsskumar]

Hi,

I am currently employed on H1b and currently on LOP (immediately after my Maternity leave). I can not continue work due to personal reasons, hence planning to apply for H4 COS as my Spouse is holding H1b. Have 2 questions-

1. Can I apply for H1b to H4 COS before resigning from my current organization and provide start date as July 12 2020 (2 weeks from now) ? and continue working ( remain on payroll) until H4 is approved.

2. Can I apply for H1b to H4 COS with start date as July 6 2020 and resign from my current organization with last date as  July 6 2020 (as I am expecting my current company to push for this option)? Can I consider applying for COS keeps me  in status between date of application and receipt date / Approval date?

Appreciate your help, Thanks in advance

 

 

Edited June 29, 2020 by rsskumar

[User099]

You can apply for H4 COS and work till the H4 is approved or you can quit and stay while H4 petition is pending. 

[Umanandy]

You can choose to work or not work while your H4 COS is pending with USCIS. But once it’s approved you have to stop working . 

The safer side is to apply for H4 COS now and then resign the job once you get the H4 receipt notice which will hardly take 2 weeks . Get all the documents from your previous employer once you resign the job. USCIS might ask you to submit documents later . It happened for me.

[rsskumar]

Thanks @User099 and @Umanandy for your response. I 've got some more time from my employer, so continuing ....