H4 to H1B COS approval denial chances


(Anonymous) #1

Hi Anil
I am on H1B currently with a FAANG company and have applied for my COS to H4 and H4 EAD so i can take a break of 6 to 8months to take care of my child.

My current H1B is valid till 2020 and i140 approved. What is the risk if i quit my job now and want to join same/another company mid next year?

Assuming premium processing is available then, can i do premium processing for H4 to H1B COS? Is it similar to an H1 transfer or are there greater chances of denial?


(Anil Gupta) #2

Yes, you can use premium processing if it’s available at that time.

As per the new policy change in 2017, USCIS now considers each H1B application as a new application irrespective of prior approvals. So, there are equal chances of denial or RFE or approval as you have for extension, transfer or amendment or COS.