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clarification needed regarding COS!!

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  • clarification needed regarding COS!!

    HI
    I came to the US on H4 in 2006 that expires on may 2009(shown in I-94)Applied for H1 in april 2007,got picked and I was eligible to work from november 2007.Now I'm planning to change my status to H4.
    My questions:
    1) As my H4 is going to expire, do I have to extend it before applying for COS? Will the H4 extension be an issue as I i'm on H1b?

    2)Do I have to submit my paystubs for the entire period I am on H1 to apply for COS or just the recent months are fine?

    3)If I visit India after COS ,do I have to get the H4 stamped or H1?

    Please help..

  • #2
    If you are on H1b, you need to be working and getting paid and you can no longer extend H4 (in fact COS over to H4) without proving that you were in valid status all the while.

    Did you get paid and were you working on H1b? If not, time to go to an attorney as you are in for some trouble.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks for ur reply...
      Actually I 'm being paid,so, can I apply for H4 extension(as its going to expire in 2 months) and then request for COS(as I 'm planning not to work for few months) and travel to India and come back on H4?

      Comment


      • #4
        You have to apply for a COS to H4 (not extension) prior to you stopping work on H1b. You can travel and get a H4 stamp abroad with proof that a H4 COS was pending if you travel prior to approval of it.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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