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Status while H1B to H4 COS is in progress

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  • Status while H1B to H4 COS is in progress

    I'm on H1B currently and planning to apply for H4 COS this week. Couple of questions:

    1) While my COS is in progress (with 2-3 months processing time), am i in status? I plan to quit my job in 2 weeks.

    2) My wife is currently on H1B Visa - but she doesn't have stamping on passport. Will that be an issue while applying for COS?

    Thanks for your help.

  • #2
    Originally posted by Sudheer Someshwara View Post
    I'm on H1B currently and planning to apply for H4 COS this week. Couple of questions:

    1) While my COS is in progress (with 2-3 months processing time), am i in status? I plan to quit my job in 2 weeks.

    2) My wife is currently on H1B Visa - but she doesn't have stamping on passport. Will that be an issue while applying for COS?

    Thanks for your help.
    1. As long as you file to COS request before your last working date and arent working after filing it should be fine.
    2. I dont think so, as long as she is maintaining valid H1 status, has pay stubs to prove it and associated I-94 with the I797 it should be fine.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      1. As long as you file to COS request before your last working date and arent working after filing it should be fine.
      2. I dont think so, as long as she is maintaining valid H1 status, has pay stubs to prove it and associated I-94 with the I797 it should be fine.

      This is my opinion not legal advice.
      Thanks so much for your help.

      Comment

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