Narun Posted February 25, 2019 Report Posted February 25, 2019 I have applied for COS from H1 to H4 and H4 EAD. Currently both the applications COS to H4 and H4 EAD , seems to be in 'Case Recieved Status' per the USCIS site and my H1 B is expiring on March 6th 2019. Below are the questions : Can I stay beyond March 6th in USA ,though my I 94 and H1 B petition is expiring on March 6th 2019? Due to a personal reason , I need to travel to my home country in the month of April this year and then go for visa consulate stamping. If I AM travelling during COS is in progress , will there be a problem during the visa consulate stamping. ? If COS is not approved prior to Visa consulate stamping, after I am back to USA, how do we go with the current COS to H4 and H4 EAD application. Do we have to revoke them and then apply again for a new H4 EAD ? Appreciate your help. Thanks
shekar11# Posted February 25, 2019 Report Posted February 25, 2019 15 hours ago, Narun said: I have applied for COS from H1 to H4 and H4 EAD. Currently both the applications COS to H4 and H4 EAD , seems to be in 'Case Recieved Status' per the USCIS site and my H1 B is expiring on March 6th 2019. Below are the questions : Can I stay beyond March 6th in USA ,though my I 94 and H1 B petition is expiring on March 6th 2019? Due to a personal reason , I need to travel to my home country in the month of April this year and then go for visa consulate stamping. If I AM travelling during COS is in progress , will there be a problem during the visa consulate stamping. ? If COS is not approved prior to Visa consulate stamping, after I am back to USA, how do we go with the current COS to H4 and H4 EAD application. Do we have to revoke them and then apply again for a new H4 EAD ? Appreciate your help. Thanks 1. Yes. 2. No issues. No problem. 3. You need to apply for new H-4 EAD as USCIS will void your H-4 COS because you traveled out of country and your H-4 EAD will also be void because it was filed together.
xTDx Posted February 25, 2019 Report Posted February 25, 2019 16 hours ago, Narun said: I have applied for COS from H1 to H4 and H4 EAD. Currently both the applications COS to H4 and H4 EAD , seems to be in 'Case Recieved Status' per the USCIS site and my H1 B is expiring on March 6th 2019. Below are the questions : Can I stay beyond March 6th in USA ,though my I 94 and H1 B petition is expiring on March 6th 2019? Due to a personal reason , I need to travel to my home country in the month of April this year and then go for visa consulate stamping. If I AM travelling during COS is in progress , will there be a problem during the visa consulate stamping. ? If COS is not approved prior to Visa consulate stamping, after I am back to USA, how do we go with the current COS to H4 and H4 EAD application. Do we have to revoke them and then apply again for a new H4 EAD ? Appreciate your help. Thanks 1- Yes. That's what the COS is for. i.e changing one status to another. You can stay but cannot work after i94 expiry and with no timely filed extension or "transfer" petitions. 2- As soon as you leave US while COS is pending , COS is considered abandoned. Your COS will not be approved and hence H4 EAD will not be approved. You would have to decide if you want to get a H4 visa or want to come back with a valid H1b visa. 3- See 2. If you decide to get H4 and come back to US, you would have to apply for H4 ead again.
Recommended Posts
Archived
This topic is now archived and is closed to further replies.