My status after I94 expiry - H1 Extension filed, H1 to H4 COS filed in parallel

USA
1

Hi Anil,
I am currently on H1B and my i94 is valid until April 10th, 2020. My H1B extension was filed last week and is in progress. My company mentioned that they would terminate me as-of April 15th.

Due to this, I am getting H1 to H4 COS filed before April 10th. My questions are:

(a) what will be my status after I94 expiry considering both H1 extension and H1 to H4 COS are in progress?

(b) Is it recommended to have both H1 Ext and H1 to H4 COS to run in parallel? Can this cause RFE for any reason?

© If I ask my employer to withdraw the H1 extension, will I be considered to be on H4?

(d) I was earlier on H4 and using EAD to work. As of Nov 2019 I have been on H1 as my employer had filed a new petition. I never traveled to India, and hence I never got stamping done on my H1.

Suppose I now move back to H4, can I later use my H1B if any employer agrees to hire and sponsor H1 transfer? (my question is, is stamping a mandate to consider H1B activated?)

(e) As I move to H4, can I use my still valid EAD for working after my H1 to H4 COS is approved?

Appreciate your response. Thanks

2

Your status will be “period of authorized stay” if your H4 COS is pending after i94 expiry.

You can reuse your valid H4 EAD once H4 COS has been approved.

3

Thanks Anil for promptly responding to my query.

My employer has mentioned minimal, but have some chances of retaining me. If that’s the case, can I keep working on my H1B after i94 expiry considering extension is in progress?

4

You can work using H1B until the H4 COS has been approved and H1B extension is pending.

5

Thanks Anil.
For my scenario considering I get back on H4 and my employer withdraws the H1B, can I later use my H1B if later some other employer agrees to sponsor for hiring me on H1B.
Basically I want to understand if stamping is a mandate to consider H1B activation, as I never got that done.

Another question: Suppose I find another employer to file my H1 transfer that files the transfer after I94 expiry but before my current employer withdraws the filed extension. In this scenario, will the H1 transfer application still depend on extension as a bridge application? Can I join and start working for the new employer?

6

I suggest to read these two articles:

7

Thanks Anil. The articles were helpful!

1 Like
8

Hi Anil,

Due to some issues looks like my H1 to H4 COS will get filed after my I-94 has already expired.
I want to know if this will cause any issues?

  • will H1 to H4 COS depend on H1B extension filing?
  • will I be considered out of status due to any of this?
  • will in any case I may be required to go out of US and come back?

(My I94 is expiring on 10th April, and H1B extension has been filed and in process. I might get terminated as of 15th April)

Thanks very much!

9

You cannot file H1 to H4 COS after i94 expiry if there is no other application pending to give a legal status.

10

Thanks Anil. I have an H1B extension filed already… and consider H1 to H4 COS is filed before the H1B extension is withdrawn. Will that not be considered a reason to give me a legal status?

11

That should be fine then if your extension would be pending. I thought you are being terminated and hence no extension will be filed.

But, i would still suggest to file before i94 expiry to make sure your extension does not become a bridge.

12

Thanks Anil for your prompt response.
If the H1 to H4 COS is filed after I94 expiry, and the extension becomes the bridge, are there chances for H4 approval to go for consular processing, requiring me to go out of US and come back?

13

Yes, you will most probably be asked to go out of US and get visa stamp.

14

Thanks Anil, this helps.

15

Hi Anil,

My situation is similar.

I have applied change of status from H1-B to H4 after I-94 expiry while my H1-B extension is in process (which is filed before I-94 expiry). Hence my H1-B extension is bridge case here.

If my H1-B extension gets denied, does my pending change of status to H4 allow me to stay in US?

I look forward for your response. Thank you.

16

Did you find out the answer to your query?