H4 COS


pradeep06

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Please advise for the below situation.

 

H1 maxout (including recapture): 8/31/14

Expected PERM approval: Oct 2014

Planned resignation date with current employer: 8/15 (few day recapture for H1 extension after I140 approval)

I'm planning to do a COS to H4 and stay in US till PERM and I140 is approved. Can you please let me know if my H4 should be approved by 8/15 or would it suffice if USCIS accepts the application by 8/15? Also can I travel out of US if the H4 process takes beyond 8/15?

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Thanks, Rahul412. But If do not leave US and continue on H4, would I need any recaptured days for me to switch back to H1 after my 140 approval? (For example my H4 COS approval comes after 8/31 max out date)

You will be in status while your COS is under process. But if you leave US then you cannot enter before H4 approval since you are no longer on H1.

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Please advise for the below situation.

 

H1 maxout (including recapture): 8/31/14

Expected PERM approval: Oct 2014

Planned resignation date with current employer: 8/15 (few day recapture for H1 extension after I140 approval)

I'm planning to do a COS to H4 and stay in US till PERM and I140 is approved. Can you please let me know if my H4 should be approved by 8/15 or would it suffice if USCIS accepts the application by 8/15? Also can I travel out of US if the H4 process takes beyond 8/15?

 

 

Thanks, Rahul412. But If do not leave US and continue on H4, would I need any recaptured days for me to switch back to H1 after my 140 approval? (For example my H4 COS approval comes after 8/31 max out date)

How will you prove USCIS that you had stopped working from 08/15 if you apply COS to H4? As t75 suggested in your other post you need to exit and enter with a valid H4 visa to show that you have 15 days to recapture later.

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How will you prove USCIS that you had stopped working from 08/15 if you apply COS to H4? As t75 suggested in your other post you need to exit and enter with a valid H4 visa to show that you have 15 days to recapture later.

 

 

Once your I140 is approved, you can file for H1 ext beyond 6 yrs....

 

Ok. If I work till the max out date and wait for COS approval, I would be legal. Since I'll be on H4 when my I140 is approved, can my employer file for a cap exempt H1B without any recapture time left?

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Thanks, Jairichi.I guess, I'll exit and enter on H4. My COS to H4 just got filed, can I travel out of US and get the H4 stamping based on the COS applicaiton or should my wife's employer need to apply for a fresh H4?

For a H4 visa you need to apply at an US consulate and you need a copy of your spouse's I797.

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