Travelling out of US while H1B to H4 COS is in progress

[Aksh_Mn (Aksh)]

Hi All

My H-1B is maxing out in October and Perm processing is still in progress(Doesn’t look like 1-140 will get approved before H1 max-out). H1-H4 COS was filed a month back.

Could you please help/advise on the below -

1. If I travel out of the US after the i-94 expiry date, but before the COS is approved,
   will my stay beyond i94 expiry (till the date of exit) be considered as illegal? Will this impact my h1 extension (after i140 approval) ?

2. Is there a way I can stop working on H1 before the max-out date so that I can keep a few weeks balance?

Thanks in advance

[Kalpesh_Dalwadi]

@Aksh_Mn

If I travel out of the US after the i-94 expiry date, but before the COS is approved,
will my stay beyond i94 expiry (till the date of exit) be considered as illegal? Will this impact my h1 extension (after i140 approval) ?

You will be in the pending COS status after your H1B I-94 expires till your H4 is approved or you travel outside of the US so you will not incur any unlawful presence and no impact on future H1B petitions. However note that if you leave the US, your H4 COS application will be deemed abandoned and will be denied. You will need to get H4 visa via consular processing and enter back.

@Aksh_Mn

Is there a way I can stop working on H1 before the max-out date so that I can keep a few weeks balance?

That is totally up to you. Once your PERM and I140 is approved, sponsoring employer should be able to file for H1B under AC21.

[A666]

“2. Is there a way I can stop working on H1 before the max-out date so that I can keep a few weeks balance?”

You may explore the option of AVR (Automatic Visa Revalidation) by travelling to either Mexico or Canada for up to 30days and see if that helps.