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

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.

Milwaukee, WI -

Attorney Answers (2)

Carl Michael Shusterman

Carl Michael Shusterman

Immigration Attorney - Los Angeles, CA
Answered

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)
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
J Charles Ferrari

J Charles Ferrari

Immigration Attorney - Los Angeles, CA
Answered

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... more

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