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Will my H1 work permit get cancelled if I do a COS to H4.

Milwaukee, WI |

I am currently on H1B , expiring in July 2013. I plan to go on H4 from May 2013. My H1 extension will be submitted soon. If I go in H4 will my H1 work permit also get cancelled ? Or after sometime will I be able to join back on same permit assuming the H1 extension goes through and is valid then. Also if I do COS to H4 while extension of H1 is in process will that request get cancelled or will it go through? I am not resigning from my employer and plan to go in H4 by taking unpaid leave.

PS: I understand that i cant work in H4, my doubt was 1) If i go into H4 (taking unpaid leave from my employer) will my H1 work permit get cancelled? 2) If i apply for H4 when my H1 extension is in process will it cancel my H1 extension?

Attorney Answers 2

Posted

Once you change status to H-4, you will not be able to work. If you change status again back to H-1B, you will be able to work.

Please click the link at the very bottom for additional information.

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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
https://shusterman.com/intake-secure.html
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Posted

You cannot be on two different statuses at the same time. Once USCIS changes your status, you are in the new status with all its privileges and restrictions.

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.

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