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Resigning and filing H1 to H4 COS - how early do I need to file COS.

Chicago, IL |

Currently I am on H1B (extended till 2015) , I plan to resign from my employer and do a COS to H4. My questions are 1. How early do I need to file COS, before I resign? 2. Am I on H4 once I file COS online, or is it only once I receive the acknowledgment receipt? 3. How much time will it take to get the receipt. 4. If I file COS , resign and then receive the receipt post my resignation will I not be out of status for those many days? 5. Will my H1B be revoked once I do a COS?

Attorney Answers 3


  1. 1. On the day your resignation goes into effect, e.g. If you give a two weeks notice of your decision to resign, then on the last day you worked you can file for the COS application.

    2. You will only be considered to be on h-4 status once your COS application has been approved by USCIS.

    3. About 7-12 day for date of receipt by the USCOS service center. Sooner on line at the USCIS website.

    4. Given that you will still be in valid H-1B status when you file for the COS, you will remain in status for up tom180 days or until a decision, whichever one comes sooner.

    5. Nothing will really be revoked. You will simply cease being in H-1B status and will receive a Form I-797 Notice of Action approval, showing your new status. Your H-1b can o ly be considered revoked if your employer officially withdraws the LCA and I-129 after your no longer being on its payroll.

    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.


  2. 1. Before you resign.
    2. When USCIS changes you status.
    3. Several weeks.
    4. Depends on what USCIS' decision is.
    5. You will no longer be on H-1B. One can only be in one status.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. As long as the change is filed prior to the end day of your employment.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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