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  • Transfer to h4

    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.
    Last edited by Vishwasi; 04-23-2015, 07:25 PM.

  • #2
    Originally posted by Vishwasi View Post
    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.

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