H1 to H4 COS


dbjpr

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Hello All,

 

Here is my case.

 

I entered US on H4 visa and my visa was valid until June 2013 but my I-94 was valid until 2016.

 

I got academic job and my status changed to H1B which is valid until 2016. Unfortunately I lost my job and my contract is getting over in May 2014.

 

I've following questions:

1) can I stay on H1B until I get new job?

2) If answer is NO to question 1 then

    a) Can I file COS (from H1B-H14) myself?

    b) Do I need to file COS via a lawyer?

    c) Is it safe to file by myself?

3) What is the best or safe way to file COS?

 

Please advice. Your advice will help me making the discussion.

 

Thanks in advance.

 

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Hello All,

 

Here is my case.

 

I entered US on H4 visa and my visa was valid until June 2013 but my I-94 was valid until 2016.

 

I got academic job and my status changed to H1B which is valid until 2016. Unfortunately I lost my job and my contract is getting over in May 2014.

 

I've following questions:

1) can I stay on H1B until I get new job?

2) If answer is NO to question 1 then

    a) Can I file COS (from H1B-H14) myself?

    b) Do I need to file COS via a lawyer?

    c) Is it safe to file by myself?

3) What is the best or safe way to file COS?

 

Please advice. Your advice will help me making the discussion.

 

Thanks in advance.

1. No, you would need to apply for COS before your last working day on H1B.

2. a. Yes.

    b. No.

    c. Yes.

3. There is only one way to file COS. Apply using form I-539 with supporting documents to USCIS.

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1. By definition you cannot stay in H1 status if you are not in H1 based employment.

 

2.

a. Yes

b. Not necessary

c. As safe as filing through a Lawyer.

 

3. USCIS site I-539. Read the instructions and file about a month before the H1 job runs out. You said academic job. Maybe the college Lawyer will be able to file for you?

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