Can employer do H1b extension while my H4 COS is in progress?

[pradeep1986]

Hi,

 

Due to some personal location constraints..I resigned from my Job.

I recently filed for H4 Change of Status and yet to get my receipt notice. My employer came back to me with an offer to take up an opportunity with my location preference that i asked for earlier. I'm willing to take this offer now

1. can my employer file for H1B Extension with my consent now while H4 Change Of Status is in progress? (My H1B Visa validity is till 31-Dec-2013.) 

 If "yes" then should he need to submit anything additional  doc etc...?

2. does a separate process required to stop the H4 Change of Status filing? or not?

Kindly help me in understanding....

Thanks,

[jairichi]

Hi,

 

Due to some personal location constraints..I resigned from my Job.

I recently filed for H4 Change of Status and yet to get my receipt notice. My employer came back to me with an offer to take up an opportunity with my location preference that i asked for earlier. I'm willing to take this offer now

1. can my employer file for H1B Extension with my consent now while H4 Change Of Status is in progress? (My H1B Visa validity is till 31-Dec-2013.) 

 If "yes" then should he need to submit anything additional  doc etc...?

2. does a separate process required to stop the H4 Change of Status filing? or not?

Kindly help me in understanding....

Thanks,

Check with your employer's attorney whether you can withdraw your H4 COS application. If yes, do it after your H1B extension is approved. If possible do your extension in premium processing.