H1B - H4 EAD COS while H1B extension is pending and i94 expired

[SS02]

Hello,

 

My wife H1B Visa expired this Sep 2016 and we applied H1B extension through Premium Processing(CA) in June 2016. Looks like it is pending due to security check.

Its been already 6 months and not sure how long this would take. Her PERM and i140 has been already approved last month. I am also having an approved i140 and current H1B is valid until Mar 2018.

 

She is able to continue her work as we have 240 days rule for H1B extension. Unfortunately her current assignment is getting over this year end (12/30) and her employer will withdraw her pending H1B petition early next year. i140 will not be revoked.

 

Can you please advise on the below? 

 

1. Can we apply for H1B - H4 EAD COS while H1B extension is in progress and i94 already expired?
2. Can she continue to stay in the country once we receive H4 receipt notice, though i94 already expired(9/26) and H1B pending/RFE/denied/withdrawn?
3. Its been close to 2.5 months since i94 expired, similar to 240 days rule for H1B extension since i94 expiry, what is the duration once we get H4 receipt?  Is there any specific time period, as H4 approval might take 4-6 months and there are chances H1B would be withdrawn by then.
4. Once H4 is approved, date will be valid from the day I filed H4? Meanwhile if H1B is withdrawn, 2.5 months since i94 expiry is still considered legal, as we have H1B receipt notice which was filed well before i94 expiry?
5. Is there are any other possibilities to apply leave while on H1B (like family bonding) without pay until any one of the petition gets approved, so that she can keep maintaining the status and will not be without any approved status. 
    

 

Need your inputs on this. I would really appreciate your help on this!

 

Many thanks!

[shekar11#]

1. She cannot apply for COS when the I-94 already expired. She can go out of country and get H-4 visa stamped with your I-797.

That is the only option you have. Canada is an easy option if you don't want to travel to India.

[JK2409]

Hello SS02 ,

Can you please let me know about your case as I am also in the same situation?