H1b to H4 ( in case h1b applied for amendment with extension gets denied )

USA H1B Visa
1

>>> Current Scenario:-

  • I entered US on H4 visa (with spouse on h1B)

  • My spouse has valid H1B and I94 validity till Dec 2017

  • Then I applied H1B cos which got approved.

  • Later I Applied H1B Amendment(regular) along with extension as i switched a job

  • My latest I-94 is valid till 30-Sep-2016

  • my H4 visa is still valid till 31-Dec-2016

>>>> Question:-

Q1) Now, If my H1B (applied amendment with extension) gets denied . Can I switch back to H4 without leaving US ?

Q2) If my H1B gets denial notice comes after my H4 validity expires. Can I switch to H4 without leaving US?

2

I assume the I-94 date mentioned is for your H-1 I-94.

Once Sep 30th elapses, you cannot file for COS unless H-1 extension gets approved. You always need to have an approved unexpired I-94 in order to file another petition.