H4 - H1 Timing issue -- Need urgent help


I have a timing problem and need some clarity.

I came here on H4 which is valid till 9/24/2015.
My spouse has a H1 valid till 9/30/2015. He is about to file his H1B extension by end of this week.

I have applied for H1 (COS) in Apr 2015, got an RFE, later it was approved on Aug 6 2015. My H1 (COS) status starts from 10/01/2015.

  1. How do I manage my status for the 6 days between 9/24/2015 to 9/30/2015?
  2. Can I go to CBP and get it corrected by providing all the relavant documents (Old H4 stamping and New H1 I797)?
  3. Is there no way to cover this six days on H4 status?
  4. When I checked with CBP over phone, the officer confirmed that I had to leave and re-enter the country without looking at the documents. Is this the only option?

An immediate response would be highly appreciated.

  1. I have seen similar case with my friend. upto a week or so is not a problem. your H1B employer can manage this. Please talk to the new employer/ Attorney. Its not at all a problem. Since you have valid reason, please try to explain to them clearly.

  2. You can do this option also…

  3. there are some ways. By providing your husbands extension docs

  4. I heard the same from my friend… But they continued here itself and employer had taken care.

I think you can go with one week ahead rule.Just talk to your employer and convince. Dont worry much and its a manageable one.

CBP Helped in correcting the I-94 and extended it by 10 days.


Mine is the same case. What RFE did you get? What docs did you submit in order to get the h1b approved? Please help.