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H1 to H4 Transfer

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  • H1 to H4 Transfer

    Hi,
    I came to US on H4 visa and then changed status to H1 and currently working. I have paystubs for last 3 months. I want to change status back to H4.
    I wanted to know a few things before I apply for COS
    1. What if they find issue and deny H4? Can I continue to work on H1?
    2. When do I have to stop working on H1? The day I file I539 CoS application or the day its approved.
    3. Can I file for CoS on my own or is it too complicated and would need a lawyer?

    It would be great help if someone can please answer these queries.

    Thanks,
    Manu

  • #2
    Originally posted by penguin80 View Post
    Hi,
    I came to US on H4 visa and then changed status to H1 and currently working. I have paystubs for last 3 months. I want to change status back to H4.
    I wanted to know a few things before I apply for COS
    1. What if they find issue and deny H4? Can I continue to work on H1?
    Yes, until your H1 petition and I-94 remain valid. If the denial is because you are currently not maintaining H1 status, then you will need to leave the US. The denial notice will state if the previous status is valid or not.
    2. When do I have to stop working on H1? The day I file I539 CoS application or the day its approved.
    Any time after it is filed (receipt date by USCIS) and on or before it is approved.
    3. Can I file for CoS on my own or is it too complicated and would need a lawyer?
    You can do it on your own. Read form and instructions on USCIS website. If something is not clear to you, you can ask here or take help of a lawyer.
    It would be great help if someone can please answer these queries.

    Thanks,
    Manu
    See above.
    This is my opinion and not legal advice.

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