I have a H1 to H4 COS case pending but want to continue on my H1B and cancel H1 to H4 COS case.I want to abandon my H1 to H4 COS case,since I got a new H1 transfer approved and want to stay on H1B.
If I travel to a Contiguous territory like Mexico or Canada ,will it abandon my pending H1 to H4 COS application ?
OR is it applicable only for non contiguous territories?
It is always better to apply for application withdrawal explicitly than relying on travel outside the country try.
It is also true that normally USCIS abandons the change-of-status application of applicant travels outside the country.
But, I would suggest to apply for withdrawal to make sure your H1B status is not affected.
You may want to use this sample USCIS application withdrawal letter:
I have a H1 to H4 COS case pending but want to continue on my H1B and cancel H1 to H4 COS case.I want to abandon my H1 to H4 COS case,since I got a new H1 transfer approved and want to stay on H1B.
Sent a withdrawal letter last week, but looks like they will take atleast 30 days or more to process the withdrawal letter.My worry is that H4 COS might get approved in the mean time and then withdrawing H4 will make me Out of Status.
If I travel to a Contiguous territory like Mexico or Canada ,will it automatically abandon my pending H1 to H4 COS application ?
OR is it applicable only for non contiguous territories?
I would suggest to keep your paperwork to.prove that you did apply for change of status withdrawal.
Even if USCIS changes your status to H4, you are good and can keep working on H1B as you applied for cancellation.
If you keep the proofs, USCIS will honor it.
Thanks Anil.But my attorney is saying once thye approve H4,I will be in H4 status in the system and can’t work.She is saying people don’t fall ack to default/pre-existing status when the current status is withdrawn.So in other words,she was aying I will be out of status if they withdraw H4 after approval.
Did anyone faced similar issues? Is your attorney has a different opinion on this?
Please help…
Your attorney is right in the sense that if the H4 change of status is approved before processing withdrawal request, the status will change in their system.
That’s what I have also told iny earlier response.
But, if that happens, you can visit USCIS office and claim to restore your status to H1B in USCIS system with the proof of sending withdrawal letter.
USCIS will reinstate your H1B status.
As far as going to either Mexico or Canada is concerned, you can do that too to abandon your H4 status application automatically.
When you re-enter USA, just tell them to issue you a new i94.
You should be good.