New H4 filing when H1 extension is pending for the same person

[gmv123]

Hi,

I have a unique situation and couldn't find answers to my questions. Hence posting in the forum.

I came to US in 2007 on H1B, have been working since then till date. My current petition expires in Feb 2011 and my employer plans to file an extension.
Due to certain personal circumstances, we are planning that I move to H4 in March 2011. My employer would already have filed an extension for my current H1 by then (though I doubt it would get approved by March).

1. What would happen to my H1 extension if I resign my current employment assuming it is not approved yet?
2. When can we file for H4 ?
3. Would it legally cause issues if my H1 extension is pending and we file for H4 at this time?
4. Would this situation effect my COS to H1 in future?
5. Even if the new petition gets approved by the time I resign and I get a new petition date, can I use this for my next employment? or would this new petition date get terminated when my employer cancels the H1 when I leave?

Greatly appreciate your replies!! Thank you!!

[shervin143]

1. What would happen to my H1 extension if I resign my current employment assuming it is not approved yet?
>>> The extension will be in process with USCIS unless the employer withdraw the petition.

2. When can we file for H4 ?
>>> You need to file the H4 before the last date on your job. Otherwise yu will go out of status on H1B.

3. Would it legally cause issues if my H1 extension is pending and we file for H4 at this time?
>>> Legally there will be no issues. However, ifthe H1B extension gets approved after the H4 approval, your status will change to H1B and you need to be working and getting paid when you are in H1B status. Otherwise you will go out of status on H1B which will cause issues. Also, you would know that the extension got through successfully only if your employer calls you and let you know that. In such case, you can either leave the country and return back on H4 visa (which will put you back on H4 status) or immediately file a COS back to H4 again. If you fail to do either of these, you will be in trouble.

4. Would this situation effect my COS to H1 in future?
>>> No. It would affect only if yu fail to maintian the proper status.

5. Even if the new petition gets approved by the time I resign and I get a new petition date, can I use this for my next employment? or would this new petition date get terminated when my employer cancels the H1 when I leave?
>>> Any new employer will need to file a new petition as a COS from H4 to h1B and that should get approved for yo to work for them. However, you don't fall under the CAP. You can use the existing CAP from your current petition.

[gmv123]

Thank you very much for the prompt reply..! This helps a lot..!!