Urgent, please help me, H1B extension and H4 (COS) same time.

[rathi42]

Hi All, Please help me.

I am on H1B visa, My current job contract will end on March 31st 2009 so definitely my H1B will also end at the same time however, my I-94 is valid till May 2009. My employer said they have already filed my H1B extension till Nov 2009 and the case is pending but they didn’t providing me a receipt number (They said they don’t have yet, ask them again at the end of March) neither have they provided me the renewed wok contract papers. So I decided to apply H4 (COS) (as my spouse is on H1B) considering the March 31st end of my current visa status.
1. If they really filed my H1B extension, will it cause problem to my I-539(COS) as both cases will be pending and incase the H1B extension got approve first that mean I will received New I-94. In this case what will happen to my pending I-539?
2. If my I-539(COS) got approved first and I will get new I-94, what will happen of pending H1B, will this also have chances to approve and if approved (definitely send new I-94) what status will apply for me. Is there any way to withdraw H1B extension?
I do not want to go out of US for stamping H4 visa. Please suggest me the possibilities as I have only one month.

Thanks in advance.

 

[ginnu]

Hi All, Please help me.

I am on H1B visa, My current job contract will end on March 31st 2009 so definitely my H1B will also end at the same time however, my I-94 is valid till May 2009.
-------------------your H1 dont end March 31 ,2009 as you have I-94 valid till May 2009.
My employer said they have already filed my H1B extension till Nov 2009 and the case is pending but they didn’t providing me a receipt number (They said they don’t have yet, ask them again at the end of March) neither have they provided me the renewed wok contract papers. So I decided to apply H4 (COS) (as my spouse is on H1B) considering the March 31st end of my current visa status.
1. If they really filed my H1B extension, will it cause problem to my I-539(COS) as both cases will be pending and incase the H1B extension got approve first that mean I will received New I-94. In this case what will happen to my pending I-539?
----------------------- if H1 extenson gets approved later than H4 COS then you will be on H1 if your H1 approval notive has I-94 attached. if your H4 COS gets approved after H1 approval then you will be on H4 if your H1 to H4 COS is approved. remember the Last Action rule from USCIS.

Thanks in advance.

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[rathi42]

Thank you Ginnu for your response.
It means even though my contract ends in March 09 I will still be on H1 till my I-94 expires (May 2009).
So after applying H4 (COS) if I resign from my job than what happens to my H1B extension. Will that be cancelled automatically?

Thanks

 

[ginnu]

Thank you Ginnu for your response.
It means even though my contract ends in March 09 I will still be on H1 till my I-94 expires (May 2009).
---------------------- US employer filed H1 for you that is valid till May 2009. You will be on H1 status till May 2009 if you are working with US employer and US employer pays you.contract ending has nothing to do,may be your contract is ending with client where you were working and US employer was getting payment from Client and then after cut your employer was paying you.
So after applying H4 (COS) if I resign from my job than what happens to my H1B extension. Will that be cancelled automatically?
----------------------If you resign then H1 Extension dont automatically cancelled with USCIS. employer can write to USCIS to cancel or after it gets approved US employer can revoke by writing to USCIS. you dont need to do anything. if you want to be on H4 then file H1 to H4 COS.
Thanks

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[rathi42]

Thank you very much Ginnu for your replies. It is a great help. You are the only one member who has replied to my questions.

Let me explain what I understand from your reply. I am working in university and university sponsored me H1B till May 2009 but the department where I am working under the same university which provided me a letter (agreement for appointment letter) at the time of my joining that this appointment is for a term beginning March 30th, 2008 and ending March 29th, 2009. In accordance to your suggestion, I understand that even my agreement will end in March 2009 but I will be legal till May 2009 as my I-94 is valid and I can continue working beyond March as my extension is filed (according to my employer). However, I do not have the papers in my hands for the extension of my agreement.
Please correct me if I am wrong.

I am just worried to keep my status legal so to be on safe side I wish to file for COS (H4).

Your help is greatly appreciated.
Thanks.