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Saint Paul, MN |

I'm currently in US on H4 which is expiring on 30th July and an extension for the same was applied on 8th July.
Meanwhile my H1 COS was approved on 18th July.
I planned to withdraw my H4 if I don't get approval on or before 30th Sep. But my employer says that withdrawing will make my stay ill-legal between 30th July and 30th September (H1 kicks off on 1st October). Is it true.

Attorney Answers 4

  1. True -- keep the COS to H-4 pending.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law

  2. True.

    Talk to an immigration lawyer, such as the one I hope your future employer has on retainer/staff and did your I-129H papers.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  3. yes, that is absolutely true. You must have a very smart employer, one who conversed with his immigration lawyer about your situation before actually talking to you.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  4. Yes. Work closely with your employer.

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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