H1B denied while H1 to H4 is pending


Recommended Posts

I have entered US on H4 visa(H4 is valid till 23-Aug 2015) and then changed my status to H1B with Company A ( valid from 7-Apr-2014 to 9- Jan-2017) and then applied for H1 transfer  to Company B and got receipt notice on 10-Feb-2015 and since it was pending f long it was converted to premium processing on the 14-Oct-2015 and USCIS issued an RFE on the 28-Oct-2015 and then later it was denied on the 8-Feb-2016.     

Also Company A has sent a H1B withdrawal notice on the 27-Oct-2015.   

In the meanwhile while the H1 from Company B was pending I have applied for change of status to H4 along with H4-EAD (based on my husband’s I-140 approval) on the Sep-30-2015. And both the applications are still pending with the USCIS.



I would like to know what are my options now:

1)      As my H1B is denied now in what status am I currently  based on the pending COS application to H4

2)      What are my other options to continue my employment?

3)      Does getting H4 stamping done and withdrawing H1to H4 COS, expedite my pending H4-EAD application?




Thanks in Advance!!

Link to comment

1. As long as you applied for COS before your H1 status expired or denied, you are in status 

2. You have to wait till you get EAD 

3. I think you have to be in US with a valid I94 to get EAD. If you leave country and come back, there will be a chance to get the EAD application denied. Lets wait for some more experts to answer this question. 

Link to comment


This topic is now archived and is closed to further replies.