Need help on COS from H4 to H1B


emmipaul

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Hi,

 

I am having a situation with my current status in the US. Me and my Wife are residing in the US currently. I entered the US on H4 status as my wife is on H1B. Being on H4 I have applied for H1B and my application has been picked up and its still in the process of getting approval. Mean while my current H4 status will expire today ie Sep-30-2014. But my wife's H1B has been renewed.

 

So my question is as my H4 will expire from tomorrow and I still haven't got my H1B approved do I need to get my H4 extended or should I wait till I get my H1B approved.

 

Is this current status of transition from H4 to H1B legal. Kindly suggest..

 

Thanks,

Paul.

 

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Yes, your H4 will expired on 9/30, however as COS is in progress, you would still be ok to wait until the decision is made. However if this COS is denied (i.e. I-94 is not attached at the bottom of I-797A), you need to exit US immediately, go get the H1b visa stamp and re-enter to be in status. If you don't want this route, then have your H4 extension application ready. If your COS is denied and you don't want to get H1b stamped, submit H4 extension application immediately.

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So my question is as my H4 will expire from tomorrow and I still haven't got my H1B approved do I need to get my H4 extended or should I wait till I get my H1B approved.

 

 

As all said, you are good because your COS is in process. But make sure if this COS (H4 to H1b) is denied you will be considered out of status retrospectively from Sept 30. This is case if H1b was not filed in good faith. If H1b was filed in a good faith and your COS declined, you will be out-of-status from the date of denial. But, in both case its for sure that you will be out of status and not eligible for your H4 extension.

I would suggest you to file H4 extension asap. There will be two cases, H4 will approve first and H1b will be approved later, you are good to work. If H1b is approved and you are waiting on H4 approval, you  can easily cancel your H4 processing by sending an application to USCIS to stop this processing. You are good to work on H1b.

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  • 2 weeks later...

Thank you all for your prompt and helpful responces. THank you .

 

I just have one more thing to check with ..

 

" If i dont get my H4 Extended and ones my H1B visa gets approved, Im I eligible to start working with out going out of the country or do I need to reenter the country with H1 Stamping and then only eligible to work ??

 

Pls suggest.. Thank u

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Thank you all for your prompt and helpful responces. THank you .

 

I just have one more thing to check with ..

 

" If i dont get my H4 Extended and ones my H1B visa gets approved, Im I eligible to start working with out going out of the country or do I need to reenter the country with H1 Stamping and then only eligible to work ??

 

Pls suggest.. Thank u

If your I797 comes with an attached I94 you can start working for employer immediately. Only if an I94 is not attached you need to exit and enter US with a valid H1B visa and I797.

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