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H1B Pending --> H4 EAD

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  • H1B Pending --> H4 EAD

    hi,

    My Situation :
    My Client --> Prime Vendor --> my Employer --> me
    My employer has filed for my H1B extn. in Oct 2015 in regular processing which is still pending.
    I have no client letter initially while filing for extn. ( I should be damn lucky NOT to get RFE )
    My I-797 expired in Jan 2016.
    My Visa expired.
    My Client ends project end of June 2016. i.e in < 2 months .

    Questions:
    What are my options now ?
    Iam eligible for H4 EAD as my spouse is H1 B 6 yrs completed with I-140 approved.

    1) CAN I APPLY FOR CHANGE OF STATUS TO H4 now considering that my H1B Extn is pending ? ( IF NOT, WHY NOT )?
    2) WHILE H4 STATUS CHANGE IS STILL IN-PROGRESS , IF H1B EXTN GETS APPROVED CAN I REVOKE H4 STATUS CHANGE ?
    3) IF MY H1B DOESNT GET APPROVED ( DENIAL ) what are my options ? My employer(or any other) can file a new h1b but can i stay in US during that time ?
    4) HOW DOES THE TRANSITION FROM H1B TO H4 EAD LOOK LIKE IN MY CASE ? I mean ( should ii go premium ? what would be idle time most likely etc. )
    5) IF MY H1B gets an RFE, My employer has time to reply for RFE to USCIS. In this duration , can i start looking for a new contract position / new client who can give the client letter and REPLY TO RFE USING AMENDMENT AND NEW CLIENT LETTER ? ( if so ill have to immediately start looking for a position )


    Time is ticking. Please help !!

    -Add

  • #2
    Originally posted by addvij View Post
    hi,

    My Situation :
    My Client --> Prime Vendor --> my Employer --> me
    My employer has filed for my H1B extn. in Oct 2015 in regular processing which is still pending.
    I have no client letter initially while filing for extn. ( I should be damn lucky NOT to get RFE )
    My I-797 expired in Jan 2016.
    My Visa expired.
    My Client ends project end of June 2016. i.e in < 2 months .

    Questions:
    What are my options now ?
    Iam eligible for H4 EAD as my spouse is H1 B 6 yrs completed with I-140 approved.

    1) CAN I APPLY FOR CHANGE OF STATUS TO H4 now considering that my H1B Extn is pending ? ( IF NOT, WHY NOT )?
    2) WHILE H4 STATUS CHANGE IS STILL IN-PROGRESS , IF H1B EXTN GETS APPROVED CAN I REVOKE H4 STATUS CHANGE ?
    3) IF MY H1B DOESNT GET APPROVED ( DENIAL ) what are my options ? My employer(or any other) can file a new h1b but can i stay in US during that time ?
    4) HOW DOES THE TRANSITION FROM H1B TO H4 EAD LOOK LIKE IN MY CASE ? I mean ( should ii go premium ? what would be idle time most likely etc. )
    5) IF MY H1B gets an RFE, My employer has time to reply for RFE to USCIS. In this duration , can i start looking for a new contract position / new client who can give the client letter and REPLY TO RFE USING AMENDMENT AND NEW CLIENT LETTER ? ( if so ill have to immediately start looking for a position )


    Time is ticking. Please help !!

    -Add
    Assuming your I-94 also expired in Jan 2016.

    1. No, as your I-94 has expired. Once I-94 expires a COS cannot be filed
    2. I would not advise that as I mentioned, COS is not an option post I-94 expiry.
    3. Leave US and re enter on an approved H1 with a new H1 visa stamp (if exisiting has expired) or re enter in H4 visa.
    4. I dont think that will help as unless the current one gets approved, the subsequent ones would not be approved with a new I-94.

    This is my opinion not legal advice.

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