Transfer to h4

[Vishwasi]

Hi, My h1 expired in December 2014 and extension has been filed and is pending with uscis. I am 34 weeks pregnant. Can I file for transfer to h4 without leaving US in case my h1 extension gets denied?

I have been employed and I am still working with the same employer.

Please advise.

[raghvi]

Hi, My h1 expired in December 2014 and extension has been filed and is pending with uscis. I am 34 weeks pregnant. Can I file for transfer to h4 without leaving US in case my h1 extension gets denied?

I have been employed and I am still working with the same employer.

Please advise.

When did your H1 I94 expire? If it has already expired in the past then unfortunately you cannot file a COS to H4. I would advise you await your extension decision and if denied, hire lawyer to file a Non Pro Tunc H4 COS citing pregnancy as a cause of delay. If you lucky it may get approved, otherwise you would have to leave US.

This is my opinion not legal advice.