H1B to H4 while I485 AOS

[Guy]

Hi,

I am filing for I-485 AOS this August along with request for EAD and advanced parole.
My current H1B is expiring end of Sept. Planning to extend my H1B before expiry as well.

1. While I am waiting for my H1B extension approval after i-94 expiry and waiting for parole, if I need to travel out of country, am I abandoning my AOS? Is filing for H1B extension sufficient to be in valid H1B status?
2. If my H1B extension is denied after my i-94 expires, can I transfer to H4 while being in USA?
3. If answer to 2 is NO, can I at least leave the country and transfer to H4?

[geforce]

Hi,

I am filing for I-485 AOS this August along with request for EAD and advanced parole.
My current H1B is expiring end of Sept. Planning to extend my H1B before expiry as well.

1. While I am waiting for my H1B extension approval after i-94 expiry and waiting for parole, if I need to travel out of country, am I abandoning my AOS? Is filing for H1B extension sufficient to be in valid H1B status? >> I believe you get 180 days automatic work authorization and extension once you have receipt 797 for your h1b. I went through same situation in March, 2018.
2. If my H1B extension is denied after my i-94 expires, can I transfer to H4 while being in USA? >> I would not recommend being out of status at all. If your h1 petition is denied, it puts you out of status. recommend either have 485 pending or h4 already filed/approved.
3. If answer to 2 is NO, can I at least leave the country and transfer to H4? >> You will be in very ambiguous state if you do that. I would not risk it.

Comments inline

[Guy]

Thanks for the response
The detail I m confused about is- is it possible to move from i-485 AOS to h4 or h1b?

If yes, can it be done in USA or is it consular processing

[JosephTheDreamer]

Hello,

Please find my responses:

//1. While I am waiting for my H1B extension approval after i-94 expiry and waiting for parole, if I need to travel out of country, am I abandoning my AOS?

If you travel outside the country before you get H1B extension approval, it will be considered as you abandoned the H1B status.
And if you do not have an approved Advance Parole, you will not be able to come back to US.

//Is filing for H1B extension sufficient to be in valid H1B status?
Yes. You if you have filed H1B extension, you will be considered in status. However, if you H1B extension decision is delayed for more than 240 days, you will be considered out of status from the 241st day.

//2. If my H1B extension is denied after my i-94 expires, can I transfer to H4 while being in USA?
I guess so.. But have the needed forms filled up so that you can immediately file it

//3. If answer to 2 is NO, can I at least leave the country and transfer to H4?
You will be able to do this in USA itself.

For more info, please refer :

https://www.immihelp.com/forum/showthread.php/87422-Convert-H1B-to-H4