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H1 To H4 With H1 Extension In Process

Discussion in 'H4 employment authorization' started by sidhu, Nov 30, 2015.

  1. sidhu

    sidhu Junior Member

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    Hi
    I am in US on H1B status which got expired on 18th Nov. My 3rd H1B extension was filed on 12th August under regular processing.Due to My client co. getting sold my employer might revoke my H1B before H1B extention is approved. Questions

    1.Can I file for COS to H4+H4EAD nowmy wife is on H1B with approved I140)? Will my application be a valid one considering my H1B is now over and it might be revoked by the time application is actually reviewed?

    2. If going to canada/India to get H4 from embassy after H1 Revocation better option than point 1. I can come back and file for H4EAD.

    3. If I dont file COS now and H1 gets revoked e.g. on 31st dec, will the period from 18th nov to 31st dec considerd Out of status?

    Please let me know
    Thanks in Advance
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Since your I-94 expired, you must get the H1B petition approved in order to qualify as being in status. Once that is done, you may file a COS to H4.
     

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