H1-B to H4 EAD question

[irvingMagadu]

 I was initially not interested in initiating GC process. Had plans of going back to India to start a company. Got cheated by a friend in India with whom i was supposed to work on the start-up. Decided to stay back in USA. I am in my 6th year of H1-B . I asked my company to initiate GC process. Wage determination was done recently and PERM is about to be filed . My H1-B 6 years expires second week of December.  I did apply for COS to H4 and EAD 6 months ago and it was approved last week. 

My question now : Does my company have to withdraw my current H1-B petition to avoid 6 years expiry? Or does COS automatically invalidate my current H1-B ? After my I-140 is approved, can i apply for COS back to H1-B without having to go out of USA? My company immigration team said they dont have to explicitly withdraw my H1-B petition and i can apply COS back to H1-B after I-I40 approval  . But i'm worried about my H1-B 6 year expiry .


@csrcsr @Spartan @Konebhar6

[csrcsr]

24 minutes ago, irvingMagadu said:

 I was initially not interested in initiating GC process. Had plans of going back to India to start a company. Got cheated by a friend in India with whom i was supposed to work on the start-up. Decided to stay back in USA. I am in my 6th year of H1-B . I asked my company to initiate GC process. Wage determination was done recently and PERM is about to be filed . My H1-B 6 years expires second week of December.  I did apply for COS to H4 and EAD 6 months ago and it was approved last week. 

My question now : Does my company have to withdraw my current H1-B petition to avoid 6 years expiry? Or does COS automatically invalidate my current H1-B ? After my I-140 is approved, can i apply for COS back to H1-B without having to go out of USA? My company immigration team said they dont have to explicitly withdraw my H1-B petition and i can apply COS back to H1-B after I-I40 approval  . But i'm worried about my H1-B 6 year expiry .


@csrcsr @Spartan @Konebhar6

The moment COS from h1 to h4 is approved done anna no need to apply anything ,  your current status is h4

Perm is taking close 9 to 10 months afaiak after 140 approval in prem you can get back to h1 with COS (worst case stamping velthav ) don't see any issues naaku telisi good lthat you have h4 backup and good luck

[Konebhar6]

8 hours ago, irvingMagadu said:

 I was initially not interested in initiating GC process. Had plans of going back to India to start a company. Got cheated by a friend in India with whom i was supposed to work on the start-up. Decided to stay back in USA. I am in my 6th year of H1-B . I asked my company to initiate GC process. Wage determination was done recently and PERM is about to be filed . My H1-B 6 years expires second week of December.  I did apply for COS to H4 and EAD 6 months ago and it was approved last week. 

My question now : Does my company have to withdraw my current H1-B petition to avoid 6 years expiry? Or does COS automatically invalidate my current H1-B ? After my I-140 is approved, can i apply for COS back to H1-B without having to go out of USA? My company immigration team said they dont have to explicitly withdraw my H1-B petition and i can apply COS back to H1-B after I-I40 approval  . But i'm worried about my H1-B 6 year expiry .


@csrcsr @Spartan @Konebhar6

Sorry brother. I am of no help. ee GC and H1 matters peddaga teleedu ... 

[ameriprise]

9 hours ago, irvingMagadu said:

 I was initially not interested in initiating GC process. Had plans of going back to India to start a company. Got cheated by a friend in India with whom i was supposed to work on the start-up. Decided to stay back in USA. I am in my 6th year of H1-B . I asked my company to initiate GC process. Wage determination was done recently and PERM is about to be filed . My H1-B 6 years expires second week of December.  I did apply for COS to H4 and EAD 6 months ago and it was approved last week. 

My question now : Does my company have to withdraw my current H1-B petition to avoid 6 years expiry? Or does COS automatically invalidate my current H1-B ? After my I-140 is approved, can i apply for COS back to H1-B without having to go out of USA? My company immigration team said they dont have to explicitly withdraw my H1-B petition and i can apply COS back to H1-B after I-I40 approval  . But i'm worried about my H1-B 6 year expiry .


@csrcsr @Spartan @Konebhar6

Bro you got EAD kada just work on H4 EAD ...H1 lo apply chesina GC process let it go ..once perm approved and 140 approved  then you can go back on H1b if intereseted in future but em avasaram when you got EAD to work ..

[irvingMagadu]

10 hours ago, csrcsr said:

The moment COS from h1 to h4 is approved done anna no need to apply anything ,  your current status is h4

Perm is taking close 9 to 10 months afaiak after 140 approval in prem you can get back to h1 with COS (worst case stamping velthav ) don't see any issues naaku telisi good lthat you have h4 backup and good luck

Thank you so much bro. Really appreciate for taking time to reply. 

[irvingMagadu]

2 hours ago, Konebhar6 said:

Sorry brother. I am of no help. ee GC and H1 matters peddaga teleedu ... 

Thanks bro

[irvingMagadu]

42 minutes ago, ameriprise said:

Bro you got EAD kada just work on H4 EAD ...H1 lo apply chesina GC process let it go ..once perm approved and 140 approved  then you can go back on H1b if intereseted in future but em avasaram when you got EAD to work ..

Its always risky bro . Want to ensure i have my bases covered. But i get your point 🙂 Thanks for the inputs . Really appreciate it.