H1-to-H4 status

Current situation:

  • I have H4 Stamped(spouse on H1B) on passport --> Valid till Dec2016

  • I did a CoS to H1B after I entered US on H4. My H1B I94 is --> Valid till Sep-2016

  • After Sep2016 I will not have I94 validity, And after Dec 2016 my H4 stamped visa will also expire.

  • I have filed H1B extension but it would take few months.

Ques? : If say On Jan 2017 I get H1B denial notice…

Can I switch back to H4 Status?? If Yes, Will I be able to CoS to H4 from within US ?

To file COS, you need to have an approved unexpired I-94. So once current I-94 expires, you can no longer file COS to H-4. You would have to leave US and return on stamped H-4 visa in order to be on H-4.