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H1B Extension and COS

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  • H1B Extension and COS

    Hi,

    My husband got H1B in 2007 and it is going to expire on September 2010. I came here on H4 visa along with my husband and it is valid till September 2010, later I applied for H1B Visa and got approval in 2008 (valid till September 2011) and started working, while switching from one project to other I did not work for 1 month, 2 months..now I am going to finish my current project in the next month, as per the market situation, I would like to convert my H1B to H4.
    My husband is planning to send the documents for his H1B extension in March 2010 (as it is going to expire in September 2010).

    Here are my options, please let me the best option in the following:

    1. Shall I apply for COS before my husband's H1B extension. If this option is good to go, then how much time will it take to convert my H1B to H4, can I use the Premium Process for the COS.
    2. Shall I apply for COS after his H1B extension. If this option is good then do I need to search for a project until his extension gets approved.
    3. My husband's H1B extension and my H1B to H4 COS can be applied at the same time.
    4. Visiting Canada/India and re enter to US on H4 Visa will work. If this option is good then the officers at the port of enter will ask any questions regarding my H1B visa and its status.
    5. Is there any other option other than those that are mentioned above. If so please suggest me with the best.


    Thanks in advance.

    Sai

  • #2
    Answers below.

    Originally posted by pushpa_attaluri View Post
    1. Shall I apply for COS before my husband's H1B extension. If this option is good to go, then how much time will it take to convert my H1B to H4, can I use the Premium Process for the COS.
    >>> You can apply for COS now. 2-3 months. There is no premium process for H4. You can apply for extension based on your husband's petition later.

    2. Shall I apply for COS after his H1B extension. If this option is good then do I need to search for a project until his extension gets approved.
    >>> Yes. Otherwise you will go out of status. Cos from h1B to H4 requires your recent pay slips. Without that COS to H4 is not possible.

    3. My husband's H1B extension and my H1B to H4 COS can be applied at the same time.
    >> It can be applied at the same time, provided you maintain your H1B status until your husband's H1B extension is filed.

    4. Visiting Canada/India and re enter to US on H4 Visa will work. If this option is good then the officers at the port of enter will ask any questions regarding my H1B visa and its status.
    >>> No questions will be asked if you re-enter in H4. You can do that. But if the trip is too short, they won't take your I-94 when you leave the country. They will ask you to use the same I-94 upon your return which will still keep you in H1B status.

    5. Is there any other option other than those that are mentioned above. If so please suggest me with the best.
    >>> That is pretty much all the available options.
    Not a legal advice. Use of this information is strictly at your own risk.

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