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H1-h4 Cos And Ead

Discussion in 'H4 employment authorization' started by d.kiran, Jan 17, 2016.

  1. d.kiran

    d.kiran New Member

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    My H1b expired on Sep , 2015 and my employer filed a H1 extension on August. 2015. I have received an RFE with a response date of March , 2016

    However, now I am planning to move into H4 status, my employer is willing to file H4 COS and EAD for me, however, they will let the H1 extension petition lapse. Assuming H4 COS and EAD are filed today, 90 days would be April 2015.

    What would be my status after March 2016 if my H1b extension is allowed to lapse and I haven't received a response on H4 COS ? Will I be out of status, and hence forced to leave the country?

    My understanding is that H4 COS requires me to be in valid H1 status. However, I don't know if this status should be valid at the time of filing COS (I-539) or valid at the time of decision.
     

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