Lawbench will load in a few seconds

Continue to Lawbench
Loading…

Question

My H1B and I-94 are expiring on Feb 15th 2021. My husband and I both filed I-485 AOS through his EB-1.My H1B renewal is in process and in RFE. If my H1B is denied, 1. Can I apply for both H1-H4 COS and H1B 2nd application for extension(same company) in Jan 2021, prior to I-94 expiry? Which one should I apply for first? Is there an advantage to applying for h4 COS first, followed by H1B Extension or Vice versa? 2. Do I need to be out of my H1B job to apply for H4 COS or can I apply while still on H1B? 3. After I-94 expiry, if my H1B 2nd extension is the 1st petition to get approved, say in March 2021, are there options to start working on H1, while my H4 COS is pending? Traveling to consular post is not possible due to pending I-485. 4. After I-94 expiry, if my H4 COS is approved first, what happens to pending 2nd H1B extension application? If H1B extension gets approved say 1 month after H4 approval, do I need to file another H4 to H1 COS to work? 5. Can I file both H4 EAD (with H4 COS) while there is another pending EAD application via I-485? Can one have 2 EAD cards (H4 EAD and I-485 EAD) at the same time and choose which one to use?

User's Location: Knoxville, Alabama, United States of America

Category: H1B Visa (Work Visa)