H4 to H1 cos

Asked on Jul 20th, 2018 on Immigration - Illinois
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Hi, I am currently working on H4 EAD and my I-94 is valid until October this year. My employer is ready tofile my H1. 1) My H4 extension is currently in progress. Say if I file for h1 COS and it gets denied, will H1 extension still be in progress or should I leave the country immediately. 2) say, I wait for my H1 extension to complete and then file for h1 COS. In this case, can I stay on H4 even if my H1 gets denied? 3) what would be the best route to take?
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Answered on Aug 19th, 2018 at 5:59 PM
I believe that some of your terminology is incorrect and when you talk about the H1 extension, you are actually talking about the H-4 extension. In the summer season, your employer is only eligible to file for H-1B status on your part if you were previously under H-1B and did not use up all of the six years of eligibility or your employer is cap exempt, e.g. Institute of higher education. Aside from that question, being denied for an H-1B change of status does not mean that you have to leave the US if your H-4 extension is still in progress. You can also wait for your H-4 extension to be approved before filing for H-1B change of status. That choice is up to you. Again you would be allowed to stay in the US under H-4 status even if your H-1B petition is denied. Both paths are viable. Due to the limitations of the Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

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