Minneapolis, MN asked in Immigration Law for Illinois

Q: Am I in legal status when i94 expired, H1B extension in process and then applied for COS to H4 which is also in process?

Details:

I was on H1B visa till Nov, 2017 (my i94 was also valid till Nov 2017). In Oct 2017, I filed for H1B extension. In May 2018, I got RFE on H1B extension and my employer suggested me to apply for H4 COS. So, in June 2018 I applied for COS to H4 and H4 EAD together. Now, H4 and H4 EAD, both applications are pending.

Also, I had to stop working as 240 days time frame to work while H1B extension case is pending got elapsed.

I want to know if I am in legal status and will my open H1B petition create any problem in my COS to H4?

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1 Lawyer Answer

Iskra Panteva

PREMIUM
Answered
  • Immigration Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: While your petition and application are pending, you are in legal status. You will need the H-1B petition to be approved as this is a bridge petition between your initial H-1b and the application to change status to H-4. There should not be any problems just because you have two ongoing cases. However, make sure that you have an experienced attorney on your side.

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