Hi,
I need your help in below :
My Situation:
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H1B Extension Filed : April/2018 (6 year ends in Aug/2019)
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Previous H1B I-94 Expiration Date: July/2018
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My husband working on H1B and has maintained status (I-140 was approved Oct/2017).
I am planning to apply for H4 COS so that in case my H1 extension is denied, I do not need to travel back to India and can stay here.
Questions:
I understand that I am in legal status for 240 days (starting from 07/20/2018) due to my pending H1B extension petition so I am eligible to file H4 COS.
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Will my H4 COS petition be defined as “bridge” petition since I am applying for H4 after my I-94 expired?
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Given that I am applying for H4 COS while I am in lawful status (H1B extension still pending)
– What should be filled as the effective date for new status for the COS application (I-539). The decision date for H1B can not be foreseen.
– Is there a way in the COS application to specify that status should remain current i.e. H1B if it extension gets approved otherwise it should change to H4.
– If not, what will happen if my H1B extension gets approved, will I need to file COS from H4 to H1 that time?