H4 COS back to H1B

[Alwaysinafix]

Hello, 

I lost my job due to Covid and my I-94 is valid until Aug 11. I have filed for H4 COS because my spouse is on H1B. 
Can I withdraw my H4 COS application if I find a job and the company files for an H1B for me after Aug 11 (say Aug 25). 
Would this mean I will be out of status from Aug 11 to Aug 25 (due to withdrawal request of H4 COS application)

Thank you

 

[User099]

You cant withdraw after the 60 day grace period. If you have a valid H1 visa stamp in your passport, you can get H1 approved in consular processing and go to the border and enter on H1. This will put you in H1 status. 

[ak1982]

On 7/14/2020 at 11:25 PM, Alwaysinafix said:

Hello, 

I lost my job due to Covid and my I-94 is valid until Aug 11. I have filed for H4 COS because my spouse is on H1B. 
Can I withdraw my H4 COS application if I find a job and the company files for an H1B for me after Aug 11 (say Aug 25). 
Would this mean I will be out of status from Aug 11 to Aug 25 (due to withdrawal request of H4 COS application)

Thank you

 

Hi....thanks for posting this question. What did you end up doing? I am in a similar position. I have applied for my h4 (after losing my h1b job) and still waiting. The current wait times are ridiculously long (~16 months!). I found a job and my new employer will be filing an new h1-b. I am getting mixed opinions from multiple lawyers that I should not be withdrawing my H4 COS application.

[palak.mo2020]

I am in similar situation. I was on H1b visa untill 3/2020. I have applied for h4 COS at CSC but its taking 18 months. Wanted to check if a employer can file cos from h4 to h1b while h4 is pending.