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COS H1b o H4

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  • COS H1b o H4

    Hi All,

    I'm on h1b(2008) with expiry date as Sept 2011 also my I 94 expired the same time. My Employer applied for H1 extension, it has got RFE USCIS needs the Client Letter. I was working til now, but my project got over on 16 march. I applied for COS from h1b to h4 from my husband's company, but his employer told him that since my h1b and i94 is expired, they cannot apply for my COS and i should look outside for a attorney to do that for me.

    I need answers to the following questions:

    1) Is my status in USA invalid?
    2) Will the COS h1 to h4 will be denied?

  • #2
    1) Is my status in USA invalid?
    >>> Not right now. Your status will become valid only if both H1B extension and the COS to h4 gets approved. You shouldn't have been waiting for 6 months on an RFE. You should have upgraded the case to premium to get the result within 15 days.

    2) Will the COS h1 to h4 will be denied?
    >>> Search and read the posts on bridging. If the H1B extension gets denied, then the COS top h4 will also get denied. If the extension gets denied, then all the time spend in U.S after the I-94 expiry date will be considered as illegal stay. If the illegal stay is more than 180 days, you can get upto 3 year ban from entering U.S. If it is more than 365 days, you can get upto 10 year ban from entering U.S. LOike your employer's attorney mentioned, consult a good immigration attorney.
    Not a legal advice. Use of this information is strictly at your own risk.

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