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Apply for H4 when H1 is pending

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  • Apply for H4 when H1 is pending

    Hello,

    I am currently working on H1-B visa. My visa expired in Oct, an extension was filed in July, but it is still pending with USCIS.
    Can I apply for H4, while my H1 extension is still pending with USCIS?
    What would happen to my H1 extension application, if I apply for H4 visa.

    Thanks!

  • #2
    I am currently working on H1-B visa. My visa expired in Oct, an extension was filed in July, but it is still pending with USCIS.
    Can I apply for H4, while my H1 extension is still pending with USCIS?
    >>> Yes, but it will be a bridge petition since your I-94 already expired.

    What would happen to my H1 extension application, if I apply for H4 visa.
    >>> Unless the employer withdraws the petition (which they should not, since your I-94 already expired and you will be filing H4 based on the pending H1B), that petition will get approved or declined based on the documents submitted. Your status will be as per the last petition that becomes active. If H4 approval comes after your H1B extension approval, your status will be H4. If H1B approval comes after your H4 approval, your status will hange back to H1B. Search and read about the last action rule.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi Experts,

      Please help me with few questions:

      I am currently on H1-B visa. I would like to go on H4 immediately. If I apply for COS, will I go on H4 immediately, or would my status will be H1 until my H4 is approved? How long does it usually take for H4 to get approved?

      On the change of status form (I539), can I enter new status effective date of tomorrow, if so will my status change to H4 starting tomorrow, even if it gets approved lets say after 3 months.

      Between Vermont and California service center, do I have a choice for filing for COS? I see that the processing time for California is 2.5 months, where as Vermont is looking at applications from May.

      Thanks a lot for taking time to read my questions and answer them.

      - - - Updated - - -

      Hi Experts,

      Please help me with few questions:

      I am currently on H1-B visa. I would like to go on H4 immediately. If I apply for COS, will I go on H4 immediately, or would my status will be H1 until my H4 is approved? How long does it usually take for H4 to get approved?

      On the change of status form (I539), can I enter new status effective date of tomorrow, if so will my status change to H4 starting tomorrow, even if it gets approved lets say after 3 months.

      Between Vermont and California service center, do I have a choice for filing for COS? I see that the processing time for California is 2.5 months, where as Vermont is looking at applications from May.

      Thanks a lot for taking time to read my questions and answer them.

      Comment


      • #4
        I am currently on H1-B visa. I would like to go on H4 immediately. If I apply for COS, will I go on H4 immediately, or would my status will be H1 until my H4 is approved?
        >>> Once you file your COS, the period between the receipt date until you get a decision on your COS will be termed as "Period of Stay Authorized by the Attorney General". Upon receiving your receipt notice, you can stop working for the H1B sponsor.

        How long does it usually take for H4 to get approved?
        >>> 5 - 6 months.

        On the change of status form (I539), can I enter new status effective date of tomorrow,
        >>> Yes.

        if so will my status change to H4 starting tomorrow, even if it gets approved lets say after 3 months.
        >>> Yes.

        Between Vermont and California service center, do I have a choice for filing for COS? I see that the processing time for California is 2.5 months, where as Vermont is looking at applications from May.
        >>> You have to file it in the service center that falls under your jurisdiction.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          [QUOTE=shervin143;439574]
          >>> Once you file your COS, the period between the receipt date until you get a decision on your COS will be termed as "Period of Stay Authorized by the Attorney General". Upon receiving your receipt notice, you can stop working for the H1B sponsor.

          Thanks a lot for replying to my queries. I have one follow up question. If I apply for H4 with effective date of tomorrow, then will I be potentially be able to save time on H1? I have about 1 year of H1 remaining, and I would like to save it. So once, i apply for COS with effective date of tomorrow, and USCIS honors that effective date at the time of approval, so that does that mean that I am saving 5-6 months of H1 which it will usually take for approval? If yes, what would be my status during those 5-6 months.

          Comment


          • #6
            Thanks a lot for replying to my queries. I have one follow up question. If I apply for H4 with effective date of tomorrow, then will I be potentially be able to save time on H1? I have about 1 year of H1 remaining, and I would like to save it. So once, i apply for COS with effective date of tomorrow, and USCIS honors that effective date at the time of approval, so that does that mean that I am saving 5-6 months of H1 which it will usually take for approval? If yes, what would be my status during those 5-6 months.
            >>> Yes. Read my previous answer one more time. That period (receipt date until the decision is made is called as "Period of Stay Authorized by the Attorney General". Once you receive the receipt date, the time from that date, you are no longer in H1B and you can recapture that time while filing H1B is the future. Save the receipt notice which will come handy while you are recapturing the time in H1B. When H4 gets approved, it will have an effective date which will determine from when your H4 is effective.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Thanks a lot for your prompt reply!

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