Legal Stay

Asked about 1 year ago - 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. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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 -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  2. Lynne Rogers Feldman

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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
    website: www.immigrateme.com

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

  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  4. Gunda Johanna Brost

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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