COS from H4 - F1

[rajk1234]

Hi,

 

I have moved from Company A to Company B,my H1 and my Spouse's H4 status is pending.

My previous H1and my Spouse's H4  with Comapny A is valid till 2017.

 

My quesiton is can i apply for COS from H4 to F1 while her current H4 status is Pending with USCIS? or do i have to wait for H4 approval?

 

Any response is appreciated.

 

Thanks

[jairichi]

Hi,

 

I have moved from Company A to Company B,my H1 and my Spouse's H4 status is pending.

My previous H1and my Spouse's H4  with Comapny A is valid till 2017.

 

My quesiton is can i apply for COS from H4 to F1 while her current H4 status is Pending with USCIS? or do i have to wait for H4 approval?

 

Any response is appreciated.

 

Thanks

Why did your spouse apply for new H4 when her current H4 is still valid? When does her I94 expire?

I believe you want to know whether your spouse can apply for COS from H4 to F1. She can. But, if her H4 gets approved after COS from H4 to F1 approval than according to last action rule she will move back to H4 status.

[rajk1234]

Thanks for the reply

 

Since i Moved to Company B ,Company B applied for her H4 transfer as well.(just in case if company A cancels my H1)

H4 and I94 is valid till 2017.

If i apply for COS now

 

what should be done in the following 2 scenario's

 

1) If H4 got approved before COS approval (I guess we should be good in that case??)

 

2) If COS is approved and H4 is still pending (then can i cancel withdraw this H4 petition??) 

 

Thanks in advance

 

[jairichi]

1. Yes.

2. You can request USCIS for withdrawal. But most of the time USCIS will proceed with the transfer petition and will end up in approval.

[JoeF]

Thanks for the reply

 

Since i Moved to Company B ,Company B applied for her H4 transfer as well.(just in case if company A cancels my H1)

 

They apparently are a bit clueless. An H4 is not tied to any company. It only depends on the primary person being in valid H1 status.

And there is no such thing as an H4 transfer. It would just be an extension of status (EOS.)

The last action rule matters. If the new H4 petition gets approved after the F1, the H4 would count. Withdrawal of the H4 petition now is probably the best course of action. There is no guarantee that USCIS will act on withdrawal, though.