H4 Pending CoS > H1B

Aptiv
visawoes

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visawoes
Apr 22, 2021 8 Comments

Hello,

I got laid off mid 2020 very close to my original H1B expiration and am currently on H4 CoS pending. It's been several months since the petition was filed but is still in the same state. I have finally found an employer who is ready to file for an H1B.

Has anyone had a H4 CoS Pending to H1B CoS successfully processed in the recent times? If so how long did it take?

#workvisa #h1b

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TOP 8 Comments
  • Aptiv
    visawoes

    Go to company page Aptiv

    visawoes
    OP
    Why would I withdraw my H4 petition? I can petition for an H4 to H1B CoS while on H4 CoS pending. I am here on period of authorized stay. No illegal presence has been accrued.

    My question is for how long it took people to get their H4 and H1B petitions adjudicated once the H1B was filed
    Apr 22, 2021 4
    • New
      ad1984

      New

      ad1984
      Yea hence am hoping USCIS is understanding enough to approve without consular processing
      Apr 28, 2021
    • New
      ad1984

      New

      ad1984
      Mexico border might open up on 21st May btw
      Apr 28, 2021
  • Google
    900914

    Go to company page Google

    900914
    i dont think you can... if you do h4 pending to h1, you are actually withdrawing h4 and applying for h1... that means you would have been effective out of status for in between period... you would have to wait for h4 cos approval first
    Apr 22, 2021 1
    • Aptiv
      visawoes

      Go to company page Aptiv

      visawoes
      OP
      Your comment is grossly misinformed. It is legal to do this. I've spoken to an attorney about it. They couldn't give me a timeline on how long it would take.
      Apr 22, 2021
  • eBay
    manorama1

    Go to company page eBay

    manorama1
    @OP - what would be your past interim status if you withdraw H4 now ? Note that future h1b approval requires you mantain valid status in past . Pls post what you hear from lawyer or online
    Apr 22, 2021 0