H1 to H4 COS Premium and H1 Extension normal in Parallel

USA H1B Visa
1

hi All,

My H1 Expires on Feb 2016. My H1 Extension filed a month back in normal processing and in progress , Meanwhile my husband got an offer with other company and he is filing his transfer, and am planning to become a dependent in H4. He is filing his transfer in Premim processing, So If i file COS now , it will become Premium also. I came to know about the last action rule and my questions are.

  1. Whether I can mention a start date after the March 2016 as the effective date for my COS?

  2. if not possible for the question no 1, and if my COS is approved around Dec 2015, I will be in H4 status from then, But when my H1 approved, I will go to H1 status again from Feb 2016. Is there a way for my Husband’s new employer or for myself to cancel my current H1 Extension?

  3. If cancelling an extension is possible, will my current employer be notified by USCIS , when that request is initiated?

2

  1. I think so. You should be able to provide a future date in COS application

  2. Only the employer who filed the 797 can withdraw it.

  3. N/A based upon response in (2)

3

Thanks Saurabh, To avoid confusion, my husband’s employer will file his transfer alone now. Ince it is approved, I will resign , go back to my country and reenter as h4 dependent. Thanks.