H1B to H4 COS - processing times and when to resign from current employer?

[newuser2]

Hi,

My H1B work permit (I 797) is valid till Dec-2014. Now I am planning to covert my H1B to H4 .
I have the below four questions regarding the COS:

1. How long does the overall process take - from H1B to H4 conversion?

2. I need to provide 2 weeks of notice period to my current employer for resigning. I would prefer to resign only AFTER the H4 is approved. So is it fine and legal to resign from the current employer after the approval of H4 i.e. in this case I would need to work for 2 more weeks after approval of COS.

4. If it is not legal then when is the safe time to resign after filing COS (I prefer to work for maximum possible duration after filing)

3. What will happen if the COS is rejected. Will my H1B status and I-797 will still be valid till Dec-2014.

Thanks in advance

[Nattybone]

Hi,

My H1B work permit (I 797) is valid till Dec-2014. Now I am planning to covert my H1B to H4 .
I have the below four questions regarding the COS:

1. How long does the overall process take - from H1B to H4 conversion?

2. I need to provide 2 weeks of notice period to my current employer for resigning. I would prefer to resign only AFTER the H4 is approved. So is it fine and legal to resign from the current employer after the approval of H4 i.e. in this case I would need to work for 2 more weeks after approval of COS.

4. If it is not legal then when is the safe time to resign after filing COS (I prefer to work for maximum possible duration after filing)

3. What will happen if the COS is rejected. Will my H1B status and I-797 will still be valid till Dec-2014.

Thanks in advance

Hello, Newuser.

When you file for Change of Status from Visa 1 to Visa 2, till a decision is taken by USCIS, you, by default, continue to stay on the first visa. Simply because your petition has not been actioned. Do wait for some other people on this forum to respond on this, please.

If your COS is rejected, then you continue to stay on H1B (and the original dates apply) unless a specific instruction is issued by USCIS.

I hope this helps.

Cheers,