H1B to H4

[ASK_26]

Hi,

My H1B I94 Expiry: 10/10/2019

H4 I94 Expiry: 07/10/2021

I came to US on H4 and then applied for H1B and currently working on my H1B and applied for an extension for which I received an RFE.  I have responded to the RFE but in case if it gets denied.

1) Can I apply for H4 staying in US (My spouse is on H1B) or will I have to travel back to my home country?

2) Is my H4 still active or would that have been already cancelled?

 

[gopalakrishnach]

1) and 2)

Once you moved to H1B your H4 is gone. Now if you want to move to H4 you need to apply. Better apply while your H1B is under-processing. if H1B is approved you can withdraw H4 petition. If H1B is rejected you will have H4 to fall back.

Having H4 and H1B petition under-processing:

If H4 is approved first and then H1B is approved you will have H1B

If H4 is approved first and then H1B is rejected you will have H4.

[User099]

If you have a H4 visa in your passport, you should be able to use that to travel. 

[ASK_26]

Thanks for the reply. Yes I have H4 in my passport.

Question: Can i Apply H4 COS after the fact that my H1b is denied.

[ASK_26]

Thanks for the reply. Yes I have H4 in my passport.

Question: Can i Apply H4 COS after the fact that my H1b is denied.

[User099]

You should check with an attorney as in some cases it can be done.

But if you have a visa stamp in the passport, you can just travel to the border and come back on H4.