H4 to H1 COS and H4 Extension

Hello Team,

Appreciate your earliest response in the below case;

I came to US on H4(dependant visa) in March 2021 on my spouse’s h1B. The H4 visa is valid till March 2023.
I also have a valid H1B approval notice received in Sep 2020, which was got picked in the 2020 lottery.

Recently my spouse(H1B Holder) got another job in US and new employer transferred my spouse’s H1B in Nov 2021. My Spouse’s new H1B is valid till Oct 2024.
Along with my spouse’s H1B transfer, my spouse’s new employer filed H4 extension for me and my kids (they kept me as the Primary Applicant for H4 Extension).
H4 extension approval is still pending.

As I already have H1B approval, I am getting a new employer in the US and they are starting filing COS (H4 to H1B) petition for me.

My Questions are;

Once COS is approved by USCIS;

  1. Whether my visa status will change to H1B?
  2. I assume my spouse’s immigration attorney (of the new employer), needs to file my H4 extension withdrawal request. Is that true?
  3. If H4 extension withdrawal request is submitted, what will happen to my kid’s H4 extension as I was the Primary applicant at that time? Will H4 extension petition get canceled for them also? Will they move to Out of VISA Status or need to leave US?
  4. Is there any way I can apply H4 extension for my kids along with my COS petition? or do I need to wait till my COS gets approved?

I am confused. Kindly guide me.

Appreciate your support!!


I replied to your post on another forum.