H4 ext while H1B new application in progress

Hello, Appreciate if my queries below could be answered.

  1. I am in USA on H4 and H4 expires on 8-Sep-2023 so my spouse will be applying for his H1 extension+ my H4 and H4 EAD extension. In parallel, my H1B is picked in lottery this year. Does the H4 extension process create any issue for my H1B application that’s in progress?

  2. I am thinking not to apply COS for my H1B that’s selected in lottery this year so that I can still be on H4 EAD and only apply COS at a later point when needed, more like a backup option. Do you see any risk or issue with this approach?


There is no issue with your plan.

Sometimes, if you don’t activate the H1B by using it, and if employer withdraws it, then, USCIS may not count you towards the cap. If they don’t count, you would not be able to use it later. That’s the only risk.

I said sometimes, as it is at USCIS discretion. You will find stories of both i.e. people who did not face issue and people who did face issues.


Thanks so much for the response.