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H1b Extension? Or Back To H4?

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  • H1b Extension? Or Back To H4?

    I was on H4 until a few months ago when my H1b was approved and I started working as an adjunct instructor in a university. Unfortunately, H1b was only approved until the end of May 2016, because my offer letter was only for the spring semester.

    Now I got a new offer letter from the same employer for Fall 2016 which starts in August. Don't know what to do with my status and the HR is not very helpful. So here are my questions:

    1. My H1b status expires May 31. I will not be working in the summer. Can the university apply to extend my H1b now? If not, I should probably apply for a change of status back to H4, right?

    2. If I apply for a COS to H4 now, do I have to wait until it is approved to apply for H1b for the fall semester? or can I ask the HR to go ahead with the application now?


    I am really confused now and don't know what to do. Would appreciate any help.

  • #2
    Originally posted by Massi View Post
    I was on H4 until a few months ago when my H1b was approved and I started working as an adjunct instructor in a university. Unfortunately, H1b was only approved until the end of May 2016, because my offer letter was only for the spring semester.

    Now I got a new offer letter from the same employer for Fall 2016 which starts in August. Don't know what to do with my status and the HR is not very helpful. So here are my questions:

    1. My H1b status expires May 31. I will not be working in the summer. Can the university apply to extend my H1b now? If not, I should probably apply for a change of status back to H4, right?

    2. If I apply for a COS to H4 now, do I have to wait until it is approved to apply for H1b for the fall semester? or can I ask the HR to go ahead with the application now?


    I am really confused now and don't know what to do. Would appreciate any help.
    You have to apply COS to H4 before May 31. It may take upto 5-6 months for approval. I dont think it is wise to apply H1 extension when your COS is not approved. I would suggest you leave US on or before May 31 and re-enter on H4. You might have to get H4 stamped in your visa if it not already done or expired. Before Fall 2016, your employer may apply H4 to H1 COS and you may join them on receipt notice. Don't forget if that COS is denied, you will be considered illegally working for them because your status will remain H4.
    This is just my opinion, not a legal advice.

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    • #3
      Originally posted by SKDS160 View Post
      You have to apply COS to H4 before May 31. It may take upto 5-6 months for approval. I dont think it is wise to apply H1 extension when your COS is not approved. I would suggest you leave US on or before May 31 and re-enter on H4. You might have to get H4 stamped in your visa if it not already done or expired. Before Fall 2016, your employer may apply H4 to H1 COS and you may join them on receipt notice. Don't forget if that COS is denied, you will be considered illegally working for them because your status will remain H4.
      Thanks for the response. I cannot leave the US. Looking for another options.

      Is there any way the employer can apply for an H1 extension now, before I go out of status? I was hoping this might be possible because the job is as a university instructor. I have seen instructors or professors on H1, who only work 9 month of the year and the summer is not considered an employment gap for them.

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