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H1 to H4 change of status

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  • H1 to H4 change of status

    Hello,

    Lost H1 job and looking to apply for change of status to H4.

    I have following questions, hopefully our friends be able to answer.

    1. Can I still be able to seek H1 jobs for next 60 days while H4 change of status application is pending?

    2. What happens if I get H1 sponsorship while H4 is still pending? Can I withdraw H4 application? or USCIS put H4 application on hold and take decision on H1 (move to H4 process, incase H1 is not approved)?

    3. What is the process to apply H4 COS and H4 EAD concurrently?

    thank you.

  • #2
    Hi,
    Please see my response below.
    1. Can I still be able to seek H1 jobs for next 60 days while H4 change of status application is pending?
    Answer: Yes. Once you get H1B job and file the petition, Just send H4 change of status petition withdrawal request to USCIS
    2. What happens if I get H1 sponsorship while H4 is still pending? Can I withdraw H4 application? or USCIS put H4 application on hold and take decision on H1 (move to H4 process, incase H1 is not approved)?
    Answer: You can withdraw H4 petition once your file H1B petition within time frame.
    3. What is the process to apply H4 COS and H4 EAD concurrently?
    Answer: When you file H4 petition, you can concurrently file H4 EAD petition too. But, Please note, first they will adjudicate H4 then they will adjudicate H4 EAD petition.
    Thanks

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