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I-94 Expired in Dec & my H1-B petition is in pending state, Can i file H4 COS

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  • I-94 Expired in Dec & my H1-B petition is in pending state, Can i file H4 COS

    Hi All, Thanks in Advance .

    My i-94 expired in Dec 2017 , My H1 petition with a new employer was filed in Aug 2017 and is still pending .

    My Questions :

    Can i file for H4 COS now before my H1 petition is decided ?

    I am planning to change my H1 Petition to premium , Before changing it to Premium i wanted to apply for H4 COS . If my H1 B gets approved then i am planning to withdraw my H4 COS and continue working on H1. (can i do this ?)

    In case my H1 gets denied can i stay in US and continue with my H4 COS ?
    In case of H1 denial what will be my status from i-94 expiration date till the H1 Denial date, will it be like i was out of status ?

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