H4 to H1 RFE

USA H1B Visa
1

Hi,

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?

Thanks.

2

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!