COS from H-1B to H4, while in U.S.


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Hello,

Asking this on behalf of my wife. Both of us are on H-1B. My extension was recently approved. Her visa expires in December, extension will be applied in next few months. I am trying to see what our options will be, if this extension is denied. 

  1. Can H-1B extension and H-4 COS be applied in parallel?
  2. Can we withdraw H-4 COS if H-1B extension is approved?
  3. If H-1B extension is denied after I-94 expiry date, will the accrued illegal stay (from I-94 expiry till H-1B denial date) negatively impact future H-1B extensions?
  4. Is it legal to stay in the U.S. when I-94 is expired, H-1B extension is denied and H4-COS is in progress?

Thanks in advance for your inputs. 

Regards,

Arun

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14 hours ago, arunka007 said:

Hello,

Asking this on behalf of my wife. Both of us are on H-1B. My extension was recently approved. Her visa expires in December, extension will be applied in next few months. I am trying to see what our options will be, if this extension is denied. 

  1. Can H-1B extension and H-4 COS be applied in parallel?
  2. Can we withdraw H-4 COS if H-1B extension is approved?
  3. If H-1B extension is denied after I-94 expiry date, will the accrued illegal stay (from I-94 expiry till H-1B denial date) negatively impact future H-1B extensions?
  4. Is it legal to stay in the U.S. when I-94 is expired, H-1B extension is denied and H4-COS is in progress?

Thanks in advance for your inputs. 

Regards,

Arun

1. Yes.

2. Yes. But if H4 is approved after H1 (before you withdraw), you will have to file for a new H1 again. 

3. No, she can stay as long as the petition is pending. But she will not be able to apply for COS to H4 after I94 expiry date. Its better to apply for H1 in premium and get a decision before i94 expiry date.

4. Yes

 

 

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7 hours ago, arunka007 said:

Thanks!

If H4 and H4-EAD is approved first, should she cancel/revoke the H4 (and EAD) when the H-1B extension is approved? Or is it legal to hold both H4-EAD and H-1B, assuming H-1B takes precedence?

You can't hold both. You are on H1 or H4, not both. If EAD is an option why do you want her tobe on H1. EAD gives more flexibility.

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11 hours ago, User099 said:

You can't hold both. You are on H1 or H4, not both. If EAD is an option why do you want her tobe on H1. EAD gives more flexibility.

I personally know couple of friends who were on H-4 EAD, but had to resign because of EAD renewal delays after H-1B extensions. Also, we keep hearing about plans to revoke H-4 EAD. Considering these, I am keeping H-4 EAD as a backup option for now. 

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