Hello,
If my planned last day on H1B is March 6th, when should I send the I-539 and other documents to USCIS. Should USCIS receive the documents before March 6th or is there a 10 day window after March 6th when I can mail the documents to them.
I understand that I will be considered to be on H4 only after the application is approved by USCIS; which can take about 2-3 months. Till that time, I will be considered on H1B; but without any payroll. Is that correct and legal? My employer will withdraw my H1B application immediately after March 6th; indicating I am no longer on their payroll
Thank you in advance!
There are many loose parts in this process.
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Your employer reporting H1 withdrawel to USCIS. It may happen bit late.
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USCIS withdrawing your H1 as per your employer req. it may take several months.
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You filing H4 COS…
many more…
bottom line, as long as you have attempted to be truthful to the legal requirement, you can be saved at any time
Just file your COS to H4 as soon as possible. Even your COS is not approved or not reached on or before your H1 job loss, you would be fine. Just send your COS petition in the registered post (or fedex etc) where you can prove that you have attempted to file your COS as per the law. Time taken for their own processing has nothing to do with, dont worry.
Just file your COS ASAP and keep a proof of it with you. Just in case if you find another job later(while your COS is in pending status), you can withdraw your COS and your new employer would file for H1 extn. You will be always safe.