H1 to H4 COS while H1 extension in progress


RR1

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Posted

My current visa status:

Visa type - H1B

Current visa stamp - 3/27/19

I94 expiry date - 4/6/19

H1B amendment + extension in progress and currently in RFE status. RFE documents submitted to USCIS. Awaiting response

H1B cap end date - 5/28/19

GC PERM in progress. Awaiting PERM approval to initiate I140 and proceed with new H1 extension before cap end date

 

I'm pregnant and can't leave US until Aug 2019. In order for me to stay in US without going out of status, we are planning to apply H1 --> H4 COS.

1. Can I continue to work in H1 until COS is approved?

2. If my current H1 petition gets rejected, will it invalidate my H1--> H4 COS application too? 

3.  If my H1 petition is approved, can I withdraw my COS application before it is approved?

4. Will my H1 - H4 COS application impact my current H1 extension in any way?

 

Posted

I am not an expert

1. Can I continue to work in H1 until COS is approved? - Yes

2. If my current H1 petition gets rejected, will it invalidate my H1--> H4 COS application too?   - I donot think so.

3.  If my H1 petition is approved, can I withdraw my COS application before it is approved?  - I guess so

4. Will my H1 - H4 COS application impact my current H1 extension in any way? - I saw full cases here who did H1B application and also H1B to H4. I guess it will not impact but may in background check it might show up...

 

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