can h4 extension be applied after h1 gets approved w/o COS?

Hi Saurabh,
Could you please help me in clarifying my doubts. Currently I am in US on h4 visa. I came here in May. My company applied for my h1b in april without COS. I am on leaves now.

  1. My h1b has been approved last week. My H4 is going to expire on 10th October, can i apply for my h4 extension now since I am planning to go to India in December for stamping?
  2. If I apply for extension, and it doesnt get approved in December, and in mean while if I go to India, what will happen to my extension?
  3. If I come back to US in january after getting my h1 stamped, and h4 extension gets approved after that, will I again come back to h4?

Pls answer my query. I am really confused.

  1. Yes, H-4 extension can be applied.

  2. H-4 extension will be abandoned. You can return to US on either stamped H-1 visa (using your own petition) or H-4 visa (your spouse’s H-1 extension needs to be approved for this).

3.This is not possible as your I-94 record would have been closed as soon as you leave US, which in turn will make the H-4 extension irrelavant.