My H1B will expire in 1 week. I filed a COS application to H-4 but it is still pending. Do I have to leave the U.S. once my H1B I-94 expires?

Answer

If a request to change status has been timely filed, it is permissible to remain in the U.S. while the application is pending. Timely filed means filed while still holding a valid status – such as H1B. So, based on the information given, and assuming the H-4 COS was properly filed, it is permissible to wait for the COS decision. (04.Jan.2016)

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