H4-Pending to H1 COS, on expired I-94, when I-485 AOS is pending

USA H1B Visa
1

My husband and I have filed I-485 AOS. I am currently on H1B, expiring Feb 2021 and my H1B extension is in process (Received RFE).

(i) To avoid being out of status(In case my H1b is denied), my plan is to apply for H4 through my husband’s H1B a few weeks prior to I-94 expiry. Are there any issues with filing H1 to H4 COS , when I-485 AOS is pending?

(ii) After my I-94 expires, while I am still on “H1-H4 COS pending” state, if I get a job offer , can I change back to H1 status and start working without having to leave the US?

  • Or is my only option to leave US and return via H1B Consular processing? If so, will this be considered as abandoning my I-485 AOS petition?

  • Or should I stay in US, wait for my H4 to be approved and then file for H4 to H1B COS,?

What are my options to go back to H1B employment , while on “H4 Pending status” with expired I-94? My goal here is to get back on my own H1b as soon as possible (in case there are issues with I-485)

Thank you.

2

@Anil_Gupta Please help

3

There is no easy way to get back to H1B after i94 expiry and while H4 COS is pending.

H4 will be the bridge and its approval would be required to avoid leaving the US.

4

Thanks @Anil_Gupta.
If I file for H4 COS and H1 transfer prior to I94 expiry in parallel , will H4 still be bridge petition ?

In this case , after I94 expiry, will I be on “ period of authorized stay” based on H4 COS or H1 transfer?