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I'm currently working for employer A under H1B and planning to take a break from work for few months. As my husband is also working on H1B, i'm planning to go for a change of status from H1 to H4.

My case : My H1B amendment is still in progress and also my current H1 petition will expire this July for which my employer is applying for extension.

1) If i apply for change of status now, what are the chances of this going to RFE considering the above case ? 2) What will be my status if it goes to RFE as my H1B would have been expired by then? Will i have to go back to India immediately ?

Please provide your guidance.
asked in H1B Visa by (180 points)
edited by

1 Answer

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1. I don't think COS will be impacted by the current pending amendment petition, especially b/c your I-94 has not expired yet.

2. You can continue to stay for up to 240 days beyond I-94 expiration date as long as your timely filed COS is pending.
answered by (286k points)

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