H1B extension pending, 240 days after i94 expiry, file COS to H4? Leave US?

  1. Since her i94 has expired, she will have to go out of USA to get H4 visa stamping.
    To stay in USA, she has to maintain some visa status.

    If her employer withdraws her petition while she is still in USA, she would start accruing ‘unlawful presence’ time in USA.

    As I already told earlier, she should leave US as early as possible and get H4, if she wants to return.

  2. H1B stamping depends on what H1B petition is approved.
    If her employer withdraws her petition, she will have no H1B!
    If she comes back on H4 and files new H1B, then it depends on the type of H1B COS application she files.