H1B to H4 transfer in case of H1B rejection

I am on H1B visa.
My Visa is valid till Nov 6, 2019 , My employer filed extension in premium processing.
I got RFE and need to reply RFE by Dec 26 2019.

My Spouse is on H1b. His Visa is valid till Jan 25 2020. His Employer Filed the extension in normal processing and it is in progress.

what are my options to stay in USA legally without moving out of USA in case of H1B rejection.

  1. Can I apply for H1B to H4 transfer now ( or in case of H1B rejection before Nov 6,2019) and withdraw the H4 application if I get H1B approval.
    I am assuming H4 will take time for approval and I can get the H1B result soon as it is filed in premium processing.
    What is the process to withdraw the H4 application?

  2. For my H1B to H4 transfer. Do I need to file based on my Spouse’s approved petition (valid till Jan 25 2020) now or can I use his current filed petition which is in progress? What is the exact process.

Hi @Mohit78

H4 COS before H1B denial

If you want to file H4 COS application, you should file it before your H1B is denied.

Once H1B is denied, you will not be able to file any change of status.

My suggestion is to wait for the H1B result. If H1B is denied, you can go out of US and get H4 visa stamped and then come back to US. That’s much easier and faster process than filing COS.

Withdraw H4 COS if H1B is approved

You can send the H4 COS application withdrawal letter to USCIS. But, remember that its not as easy as you may think.

The order of approval and withdrawal with no guarantee of timely processing might create status issues for you. It is better to get H4 visa stamp outside US than adding complications by filing H4 COS.

Thanks [Anil.Gupta]

Some followup Qs

Do I need to get the stamping based on my Spouse Approved visa till Jan 2020 , and file H4 extension again after coming to USA based on his new Visa ( which might be in Progress) ?

Also In case of H1B rejection (Nov 6, 2019) after my i94 expiry , do I need to leave USA immediately ?


Yes, you would need a valid H1B i797 to get H4 visa stamp. If the H1B is valid only for short period, then you would need to file an H4 extension after coming back to USA.

You would need to leave US immediately within 10-15 days if H1B is denied.