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Filling H1-H4 COS after I-94 expiry

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  • Filling H1-H4 COS after I-94 expiry

    Hi can anyone suggest what can be done in below scenarios:
    The H1 extension is filed in premium processing, but the 15th working day from receipt of the application by USCIS is falling after current I-94 expiry. If the H1 extension gets RFE, then can the H1 to H4 COS(based on spouse approved H1) be filed after I-94 expiry stating that H1 extension was filed on time before I-94 expiry? Is there any risk is applying such COS application after I-94 expiry in long term?

  • #2
    It can be filed, but the COS to H4 will depend on the H1b EOS being approved. Why are you doing COS to H4 status? You don't want to work anymore?

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Hi, if the H1B EOS filed under premium processing gets RFE and later on get denied then the only option left would be to leave country ASAP after denial and come back with H4 stamping. Hence wouldn't a parallel H4 COS application be a good backup to maintain the stay? So my question was can I file H4 COS after I-94 expiry in the event of getting an RFE for H1B EOS?

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