H4 COS start date not given as per request

USA H4
1

Hi @Anil.Gupta,

I recently received my H1 to H4 COS approval. My last working day on H1 was Oct 10, 2019 and my H4 COS was applied on Nov 27 2019 and effective date was requested as Nov 25, 2019. However, my H4 approval notice shows I-94 is valid from 5/1/2020. Could you please let me know what status am I considered on between 11/25 - 5/1? Will that time period be considered out of status? Should I ask my spouses’s attorney to request the correction?

I am supposed to start a job on H4 EAD (also got approved with H4 COS) next Monday. I am hoping this will not impact my current status and job offer. Kindly advise.

2

When did your H1B i94 expired?

What is the start date mentioned on H4 COS approved i797?

3

My H1B I94 was valid until 12/31/2021 but I stopped working on Oct 10, 2019.

Start date on H4 COS approved I797 is 5/1/2020.

4

I am afraid your time between the old i94 and new i94 may be ‘out of status’ time.

5

What should I do in this case? I filed the H4 COS within 60 days grace period of H1. What else could I have done to avoid this?

Also, what time period will be considered out of status? Starting Oct 11 2019 or Dec 11, 2019 (60 days grace period ends).

6

You can discuss your case with your employer and an attorney who can look into details. It is not possible to guide on a forum in complex situations where we do not know the intrinsic details.

8

@H1MON

I am in the same situation. Do you mind sharing your experience? Did you find a solution to resolve the out of status period? Thank you!

1 Like
9

Can you please let us know How did you solve this issue. I am in the same situation.

10

I did nothing. My attorney suggested that it’s very common that USCIS sets the start date as the approval date irrespective of what you put in i539. You are considered in period of authorized stay as your petition was filed in timely manner i.e. when you were in status.

1 Like
11

Thank you so much for the reply. My attorney suggested the same. And also suggested to keep all the receipts like shipping mail receipt, receipts from USCIS for future records.