H1-H4-H1 While H4 COS is Pending

[pradeepsahoo85]

Hello All,

My wife lost her job in April 2020 and USCIS received our H4 COS on 8th June 2020. Now she found an employer with a FT offer. Will be there any issue in the H1B COS process, since the H4 COS is still pending.

Below is the visa timeline in US.

1. 3/2020: H1B Extension Approved till 03/2023
2. 04/2020: Job Terminated
3. 06/2020: USCIS received H4 COS

Note: currently Visa is stamped in the passport until 12/2022 and have approved I140.

Any insight is helpful!!

Edited September 30, 2020 by pradeepsahoo85

[gopalakrishnach]

She has 60 days time or I94 expiry date from April 2020 to submit H1B petition. If outside H4 will be approved first and later H1B.

If within 60 days both will processed and we cannot say which one will be approved first. If H1B approved first then withdraw H4. If H1B is approved after H4 I feel H1B take precedence. I maybe wrong...

[Zodiac System]

If employer is willing to file her H1b after knowing all the facts .... then let him go ahead.  H4 processing can continue simultaneously.   She can be on only one status at a time ..... so once you have both the approvals, you can decide which status you would like to continue in. 

Edited October 2, 2020 by Zodiac System