Q: Applying H4-COS while H1b amendment processing.
I am working with employer X from 2014 on h1b with i797 validity till 2017 and he recently filed h1b amendment which is still in process. Now I decided to change my status to H4, So I am asking my husband to file H4-COS, H4-EAD along with his H1b extension in premium process next week from his employer Y. His attorney is saying to him, it is risky to add my H4-COS along with his h1b extension, since my h1b amendment is pending. I am confused whether go a head with H4-COS along with his h1b extension or not.
A:
You have to listen to your husband's attorney. There is a possibility that your H1B amendment gets cancelled which makes your H4-COS and H4-EAD void. And remember USCIS will not refund your application fees if it gets void. So wait until your amendment is complete or withdraw your amendment and then proceed with the COS. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.
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