My 6-year H-1B max-out date was Feb 24, 2026, and I’ve already used all recapture time.
I filed a Change of Status (COS) from H-1B to H-4 on Feb 4, 2026, which is still pending, to legally stay in the U.S. and bridge the gap until I become eligible for an extension under PERM AC21 rule.
My PERM was filed on April 8, 2025, so I will complete 365 days in April 2026 and become eligible for a 1-year H-1B extension under AC21.
My question:
If I later file a COS from H-4 (while pending ) back to H-1B under AC21 1-year extension, is it typically approved as an I-797A or I-797B( consular processing).
Also, has anyone seen cases where:
H-4 COS gets approved first, and
H-1B extension (AC21) is approved afterward successfully for similar case.
I’d appreciate any insights or similar experiences.Thank you