H4 to H1 RFE


I am on H4 visa in USA for last few months having IT experience of more than 7 years. My H4 visa is valid until 2017. Now this time one employer applied for my H1B and unfortunately I got an RFE to which my employer has responded and USCIS has received it. There is no option of going for premium processing.

My question is:

If I don’t get the approval by 1st Oct, I will not be in H1 status on 1st Oct… in that case, can I stay in USA on my H4 visa beyond 1st Oct until my H1 gets approved?


Yes you can. Your H1 visa will only get into effect once it is approved. Lets say it gets approved in December, then you will still be on a valid H4 visa and don’t have to worry about the H1. Best of luck!