H1,H4 Extention + H4 conversion to H1


Planning to apply H1 for my wife in April 2013. She is now on H4.

My H1B extention is due for july 31st .


1. If i apply H4 extention for my wife along with my H1 extention + a H1 for her in April

	In july , she will have 2 in process status   H4-> extention, should be done by july end, H1-> i amnot sure which stage it will be .

	I learnt that which ever status comes first  will be the final-and if h4 in july comes first , she wil be on h4 and again stamping is required.


1.  If my wife has 2 different status in processes in july ,will that cause any RFE's for   my H1 extention,

2. Cab  H4 -H1B conversion be done before  July , is there any premium processing possible. What is the possible stage for a H1B  in july .



Actually whichever status comes later will be the final status (this is Last Action Rule). So if H-4 is approved followed by H-1 approval, then her status will be H-1 from Oct 1 or H-1 approval date (whichever is later).

  1. They can issue RFE asking for proof of valid I-94 from July to Oct. USCIS generally asks for I-94 continuity when approving COS

  2. Yes, you can file for PP when applying for her H-1 w/ COS. It will be adjudicated within 15 calendar days unless RFE is issued. Even if her H-1 is approved w/ COS, she still needs to file H-4 extension in order to stay in US b/w July 31 and Oct 1. She can withdraw H-4 extension by Oct 1, so that her status becomes H-1 w/ no impact from H-4 extension approval.