Legal Question in Immigration Law in Missouri


Due to some personal location constraints..I resigned from my Job.

I recently filed for H4 Change of Status and yet to get my receipt notice.

my employer came back to me with an offer to take up an opportunity with my location preference that i asked for earlier.

1. can i file for H1B Extension while H4 Change Of Status is in progress? (My H1B Visa validity is till 31-Dec-2013.)

2. can H4 Change of Status filing be stopped?

Kindly help me in understanding....


Asked on 9/20/13, 6:04 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Yes, you can file for an H-1B EOS as long as you qualify.

You can submit a request to withdraw the I-539 with the Service Center that is processing your case. However, you need to make sure that you do not have any periods of unlawful presence or your EOS might not be approved.

I highly recommend that you have an experienced Immigration Attorney review your case to ensure that you don't do something that will inadvertently harm your status.

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Answered on 9/23/13, 11:02 am

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