H4 to H1 [Archive] - Immigration Voice

jnkme

10-12-2009, 09:54 PM

Hello I am in H4 in usa.
I have applied for change of status to H1b this year, but still now I haven't received the decision form USCIS.
In the mean time, my H4 status along with I-94 is getting experied by the end of this month Oct. I am not able to file H4 extension as this would overlay my probable H1b status.
Now, If I dont get any decision on my H1b and I don't file H4 extention by the end of this month, what would be status after that? Would I become Out Of Status? What should I do under this situation?

cinqsit

10-12-2009, 10:32 PM

Hello I am in H4 in usa.
I have applied for change of status to H1b this year, but still now I haven't received the decision form USCIS.
In the mean time, my H4 status along with I-94 is getting experied by the end of this month Oct. I am not able to file H4 extension as this would overlay my probable H1b status.
Now, If I dont get any decision on my H1b and I don't file H4 extention by the end of this month, what would be status after that? Would I become Out Of Status? What should I do under this situation?

You have 2 options

1. Convert your h1 to premium processing and hopefully get it approved before
your current h4 expires

2. apply for h4 extension - and wait for your h1 application to get through

To be really conservative - its best to file for H4 extension anyway irrespective
of whether you convert your h1 to premium

Dont let your h4 expire cause you wont have any valid status - if for some reason your h1 gets denied

Good luck!

rockstart

10-13-2009, 08:42 AM

You need to consider all possiblities

1) Best case scenario: Your H1 gets approved before Oct in that case no need to do anything

2) H1 does not get approved by Oct 31 & No h4 applied then I am not sure if you are in status or not

3) If you apply for H4 and then you have H1 approval and subsequently H4 approval. In that case least you are in status but you will have to go out of country and get H1 stamped to remain on H1 status.

I would recommend option 3 as that is safest option though it involves money and stamping hassale it is worth it.