H1B to H4 Change of Status (form I-539) and H4 (Extension of Status)

USA H4
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1

I had applied for change of status from H1B to H4. I have also applied for my EAD separately. However, my H4 COS has not been approved yet.

H4 COS (I-539) application

Received date: June 19th, 2024

Center: Texas

H4 EAD (I-765) application

Received Date: July 12th

In the mean time, my husband got a new job and he applied for a h1b trasfer with premium processing and I again applied for a H4 (Extension of Status) along with an EAD application. However, my second H4 EOS petition has gone into RFE saying they need approval from my first COS. These are the receipt notice dates for the new petitions

H4 EOS (I-539) application

Received date: October 23, 2024

Center: Texas

H4 EAD (I-765) application

Received Date: October 23, 2024

All this while, I have a job offer and they have been patiently waiting for me to get my H4 and EAD approved instead of filing for a new H1B even after I repeatedly requested them to file a H1B petition. It has been three months since I received an offer and I am extremely frustrated with not being able to join work even with an offer.

If I have to wait for my original COS application to be approved what are the current timelines in the Texas center ? I need the original approval notice to be able to reply to the RFE I have with my spouse’s premium processing application.

If my new employer was to agree to file a new H1B petition would the existing RFE affect the adjudication of the new H1B ?

2

I am not sure of the current timeline for H4 COS but it is usually 8+ months.

You can check the most updated one on USCIS website.

What is the status of your H1B i94? Has it expired?
A lot depends on the i94 status here.

I am afraid that if you file H1B now, they will again send an RFE to wait for H4 COS result as that’s what will form the bridge if old H1B i94 has expired.

3

Unfortunately, my old H1B has expired and so has my old I94. I did apply for change of status well before my H1B expired