H1 and H4 question

[queen1828]

Dear forum members,

 

I have finished my SIX years of H1b and currently applied for H1b for seventh year few days back using regular process. The H1b receipt notice date was November 5, 2013. I am currently working based on H1b receipt notice.

 

 

 

Now I want to change my status and apply for H4 COS. I have few questions:

 

1. Can I apply for COS to H4 when my H1b petition is still pending with USCIS?

 

2. Once I apply for H4, will I be considered in H4 status and "I MUST QUIT WORKING". ??

 

3. To my understanding once I apply for H4, my existing H1b petition will automatically be cancelled, is that true?

 

4. What will be my status between "H1b receipt notice" on November 5 to either "H4 receipt date" or "H4 approval date". This is very important since beyond November 5, I do not have any approved status. I am currently working based on H1b receipt notice.

 

5. Can I travel to the home country in between these chaos with pending H1b/Pending H4 petitions? I know that once I travel out of US my pending petitions are of no use and I must go for the consular process. But in this case what is my status between November 5 and date of consular process?

 

Thank you.

[jairichi]

Dear forum members,

 

I have finished my SIX years of H1b and currently applied for H1b for seventh year few days back using regular process. The H1b receipt notice date was November 5, 2013. I am currently working based on H1b receipt notice.

 

 

 

Now I want to change my status and apply for H4 COS. I have few questions:

 

1. Can I apply for COS to H4 when my H1b petition is still pending with USCIS?

 

2. Once I apply for H4, will I be considered in H4 status and "I MUST QUIT WORKING". ??

 

3. To my understanding once I apply for H4, my existing H1b petition will automatically be cancelled, is that true?

 

4. What will be my status between "H1b receipt notice" on November 5 to either "H4 receipt date" or "H4 approval date". This is very important since beyond November 5, I do not have any approved status. I am currently working based on H1b receipt notice.

 

5. Can I travel to the home country in between these chaos with pending H1b/Pending H4 petitions? I know that once I travel out of US my pending petitions are of no use and I must go for the consular process. But in this case what is my status between November 5 and date of consular process?

 

Thank you.

1. Yes, you can.

2. If you have completed your 6 years on H1B with no PERM pending for more than 365 days or I140 approved then you should stop working right away.

3. Nope.

4. You are in status.

5. The moment you leave US your COS is abandoned. Since you left US pending decision from USCIS you are fine.

[pontevecchio]

Leave and come back on the H4 visa.

[queen1828]

Thanks jairichi and Pontevecchio, appreciate your reply.

 

One more Q, I have received RFE on I-140 (premium process), I will be sending the response in Jan to USCIS. Can i change my status to H4 before responding or receiving the decision from USCIS?  

 

Thanks much!