Can i apply for H4 to H1 when my husband's H1 extension is in RFE?

USA H1B Visa
1

Hi,

My husband’s h1 and my h4 visa expired last week and we have applied for an extension. His current extension status is in RFE. How long can we stay in the US and can I apply for H4 to H1 with the help of a consulting co?

2

As long as a petition was not denied, its considered a valid petition.

Having said that, your husband’s petition for his H1 extension is not yet denied (still in RFE), that means he is in H1 status. So, you can file your H4 extension petition using that fact. But later you may receive an RFE since his H1 is expired, all you need to reply that RFE is to submit his husband’s H1 extension petition number and its status as pending(even RFE means, its pending status). So, file your H4 extension ASAP.

3

Hi…

Thanks for your reply.I have already applied for my H4 extension along with my husband’s H1 extension.My question was whether I can apply for H4 to H1 when my husband’s H1B extension is on rfe.

4

Yes, you can. Since your current legal status(while your H4 extn is still pending) is H4, you can file for H4 to H1 COS.

5

COS from H4 to H1 in your case might take longer or may run into RFE too, as your present legal status is in extension with RFE. There are also chances that they prefer you to go to consular processing

Better wait for H4 extension to be approved and then file COS, else go out of country and get stamped