H4 Stamping abroad or Change of Status to H4

[h1girl1947]

Hi 

My Current H1b Visa expires on Jan 21st.  My H1b Extension was denied recently . When i spoke with my employer and Attorney, They suggested two options.

1. travel abroad to any country like Mexico, India or Canada and get H4 stamped and come back to US.

2. File Change of Status to H4 as my current H1 b extension got denied. 

Question: If I file my Change of status to H4 being in US, and by the time my application was reviewed by USCIS, I will be crossing Jan 21st visa valid date and i will be waiting on Decision pending with Receipt No in hand for H4. Is there are a chance, my H4 COS will be denied because, my visa validity period expired and just waiting to hear Decision on H4 status.. 

 

Pls suggest asap. 

 

[pontevecchio]

A timely filed COS lets you stay till decision.

[h1girl1947]

Thank You Pontevecchio... I filed COS before my i 94 expiration date.

 

 

[satya2k1]

On 1/5/2018 at 8:25 PM, h1girl1947 said:

Hi 

My Current H1b Visa expires on Jan 21st.  My H1b Extension was denied recently . When i spoke with my employer and Attorney, They suggested two options.

1. travel abroad to any country like Mexico, India or Canada and get H4 stamped and come back to US.

2. File Change of Status to H4 as my current H1 b extension got denied. 

Question: If I file my Change of status to H4 being in US, and by the time my application was reviewed by USCIS, I will be crossing Jan 21st visa valid date and i will be waiting on Decision pending with Receipt No in hand for H4. Is there are a chance, my H4 COS will be denied because, my visa validity period expired and just waiting to hear Decision on H4 status.. 

 

Pls suggest asap. 

 

Send the COS application ASAP with overnight shipping, and ususally USCIS register received date as the notice receipt date.  So you will be safe.

The other option is, if you have any previous H4 valid visa, you can use that visa to re-enter the USA and change status to H4 with new I-94.