Filing H1B Extension when H1 to H4 COS is pending (I94 not expired)

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My H1B 6 years max out is on 09/16/2020. My I-140 was approved today and an H1B extension based on I-140 would be filed in couple of days, before my 6 years max out. Since I was not sure I would be able to get I-140 approved and get the H1B extension filed before 09/16/2020, I had also filed a COS from H1B to H4 (I-539 + I-765) using spouse's H1B couple of weeks ago, putting an effective date of 09/05/2020. I was planning to resign on 09/05/2020 but my I-140 was approved on 09/03/2020, so I did not resign.

Now that the employer is filing the H1B extension before I-94 expiry:

1. Should I immediately withdraw H1 to H4 COS and H4-EAD application, or wait for H1B extension to be approved before withdrawing H4 COS? The approval would take 10 days and would come only after my I-94 expires.
2. Am I risking my legal status in anyway by having H1B extension filed when H4 COS is also pending?

I would like to avoid an RFE because of double applications or Consular processing as travel during COVID is a bad idea.

Please advice asap.

[rkk09]

Hi Member,
Here is my response.
Should I immediately withdraw H1 to H4 COS and H4-EAD application, or wait for H1B extension to be approved before withdrawing H4 COS? The approval would take 10 days and would come only after my I-94 expires.
Answer: Yes. In this scenario, you must file the H1B Ext petition first then withdraw H4 and H4 EAD petition. Dont just keep alive H4 and H4 EAD petitions.
Am I risking my legal status in anyway by having H1B extension filed when H4 COS is also pending?
Answer: I dont find any issues in this situation. Usually it happens for many guys and they will properly follow the legal guidance.. Once you withdraw H4 and H4 EAD and keep moving with H1B Ext petition will be provide more safety.
I know these are delay response and now you have resolved all of these issues. But the valid question and answer will help others who meet same scenario in their carrier.
Thanks