The ongoing US government shutdown has paralysed essential immigration services, leaving many workers in uncertainty. One H-1B employee now faces an urgent dilemma as their visa grace period nears expiry and their employer struggles to process paperwork on time.
Filing Delay Triggers Visa Chaos
The government shutdown has blocked the Labour Condition Application (LCA) process, which employers must file before submitting an H-1B petition. Without the LCA, the worker cannot maintain lawful status, forcing them to look for temporary alternatives.
Considering Switch to H-4 Visa
To avoid falling out of status, the worker is now preparing to file a Change of Status (COS) to H-4, the dependent visa category. They plan to do this before the H-1B status expires, hoping to stay in legal status while waiting for operations to resume.
Plan to Return to H-1B
Once the government reopens and their LCA is approved, they intend to apply again for H-1B status. This would allow them to switch back from H-4 without waiting for the eight-month Employment Authorisation Document (EAD) processing time.
Legal Risks of Back-to-Back Filings
The worker’s lawyer has warned that this approach carries risk. Filing a new H-1B COS while the H-4 COS is still pending may lead to rejection, as the US Citizenship and Immigration Services (USCIS) rarely entertains overlapping applications.
Waiting Comes with a Cost
The only alternative is to wait for the H-4 EAD, which would cause months of unemployment and financial strain. Many foreign workers in similar positions are now turning to complex, legally grey strategies just to maintain valid immigration status until the shutdown ends.
