H4 to H1 Conversion with COS while h4 extension is under process

USA H1B Visa
1

Right now I’m in US on H4 (valid till sep 30 2013). I applied for H1 from India and my case was selected in lottery and is in processing.

Planning to apply for h4 extension as it is getting expired by sep 2013.



Please answer my below questions.



1) Will it be a problem if my h4 gets extended after h1 is approved.

2) Can COS(from h4 to h1) be applied when h4 extension is in process.

3) If answer to 2) is yes what if h4 gets extended after COS is approved??Will i fall on h4 again??
2

Even i have the same question. My h4 is getting expired and i have applied for h1 and its under intial review.Should i extend H4 or wait for H1 approval

3

pls dont click answer,click comment if u want to add anything,now this will not be tracked in unasnswered

4

can someone pls answer my questions

5

  1. If H-4 extension happens after Oct 1, then your final status will become H-4 and not H-1

    1. You can. USCIS may issue RFE asking for proof of H-4 extension (to be sure that you have I-94 through Oct 1)

    2. Refer (1)

6

Currently on H4 visa and have gone through the quota of this year’s H1b. However, the application status is still in initial review. On similar lines, need help on the questions below:

  1. My spouse and I have the visa until Oct 2013. The company is applying for our extension this month, but since i am waiting for my H1B approval I would like to know if I should go ahead with the extension for H4 while I wait for my H1B? Please advice.

  2. My passport is getting expired in June 2014. If I’m not traveling to my home country before this, can I get my passport renewed here with my old stamping?

Many Thanks!

7

  1. Why don’t you upgrade your H-1 to PP and based on its decision decide to file H-4 extension or not

  2. You can appear for passport renewal while the visa stamp is in the old passport.

8

So I contact my consultancy to upgrade for PP and would this cost me more? are the chances higher and faster to get the approval through PP?
Many thanks for your advice!

9

It will cost $1225.00 for the PP upgrade. Chances of approval will not change, but it will get adjudicated quickly.