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File a F1>H4 CoS when there is a F1>H1B CoS pending due to H1B RFE [closed]

0 votes
I filed H1B visa application together with F1>H1B CoS earlier in April, and got selected in the lottery. Currently I'm in the US.

However, I just received RFE on the H1B application, and the response from immigration lawyer is not optimistic.

Therefore, I'm considering the option of changing to H4 now, in order to maintain status. But I have some questions about this:

(a) Do you know if it's feasible, for me to change to H4 now? My OPT Cap-Gap expires end of September, therefore I'll have to act quickly.

(b) Will the two CoS (F1>H1B and F1>H4) conflict with each other? What's the risk and is it possible for me to cancel the F1>H1B one, and keep the new F1>H4 one?

(c) If I cancel the F1>H1B CoS now, then will my OPT Cap-Gap still be valid? It's crucial because I think I need to have a valid "current status" in order for the F1>H4 CoS to work.

Appreciate your urgent help!!
closed with the note: no longer needed
asked Sep 8 in L1, L2, H4, B Visas & Misc by Anastasia2016 (120 points)
retagged Sep 10 by Anastasia2016



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