COS : H1B to H4 Questions

[victor_26]

Hi -

I am currently on H1B and my PERM is under Audit and am opting to go for COS to H4. Below are few questions that I have on the COS. Can someone provide your thoughts based on your experience or expertise in this matter? Thanks a lot for your help..

• I see that there is no option to select the H4 start date to be exactly after the H1B end date to avoid the current H1B being nullified based on the H4 approval notice as I have heard that the date of approval is usually he start date of H4 while doing COS.
  

• Has anyone been successful in getting a start date of H4 after H1B and get the approval notice while being in H1B with a future start date? I have heard that we can request this in the cover letter but there is no guarantee that it might be considered.
  

• If I apply for COS from H1B - H4 just a month before by H1B expiry would i be still in status or do i need to wait for the actual H4 application Receipt to arrive from USCIS before my H1B expiry to be considered as in Status Past my H1B expiry date?
  

• Would the H4 receipt notice from USCIS be the date when they received the application by post or the date when they open the application? This is to just make sure that the receipt date doesn't go Past my H1B expiry in-case there is any delay in the H4 receipt issuance from USCIS.
  

Thanks a lot for your valuable inputs...

[Attorney_22]

When filing a change of status petition from H1B to H4 through the service center you can request a specific start date for the H4 on a cover letter, however you are at the complete discretion of the adjudicating officer to grant such a request. Therefore as an alternative to control the date your H4 status starts is to travel and reenter on an H4 visa. To discuss a plan that meets the requirements of your particular situation it is advisable to speak directly with an experienced U.S. immigration attorney.

[rangadu]

<p style="margin-left: 40px">I-539 for H1-H4 COS can be submitted online and you would get a receipt almost immediatey. Make sure you send your supporintg documents in a couple of days. By submitting online, a week before H1 expiry, you are sure that your applicatiion is received before your H1 expiry, and that you are in status while it is being processed.</p>

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