My H4 visa is going to expire on september 2013, so my husband is going to extend his H1B and my H4 visa.
now, my H1b visa is in process, its in intial review, will there be any problem of me getting H1B approval,
please reply soon , as i already go through of getting news of selection in lottery so late and now this problem has arrived, please reply asap.
You run into “Last Action Rule” scenario. The petition which is approved later, will determine what your eventual status will be. For this you need to look at petition’s effective start date and not actual approval (H-1 approval date may be Sep but effective date will be Oct 1).
The H-4 processing itself will not impact H-1 processing. If you have applied w/ COS, then USCIS may want to see proof of H-4 extension (for I-94 continuity through Oct 1) before approving the COS.
Your H-1 processing will not be impacted by your H-4 extension. I mean, the final approval/denial will not be impacted. What may be impacted is your eventual status which will depend upon what petition gets approved when.
You should get the paper approval notice within 30 days. If your H-1 gets approved now w/ COS, then your status will become H-1 from Oct 1.
Do keep an eye out for your H-4 approval notice and what validity dates it has.
What’s the start date on H-4 I-94?
Your H-1 employer can either submit the new I-94 now, or wait to see what happens to the H-1 petition. If USCIS approves it w/ COS, then you are all set. If they issue RFE for I-94, then the employer can submit that.
When is your spouse completing your 6 years inside US on H-1?
Thanks for reply, we trust u completely! well, my husband i think has 2 or 3 years left for 6 years. we have tension for him also, coz we dont know what will happen after 7 months, his employer is good and trustworthy but still has to think about it. but we have sent cheques for i140 already, so when i140 will get approved approx?
date on i94 is same as ’ to date’ of my old i94 .
I appreciate your confidence in my responses, but please be aware that I am not an attorney. So you should check w/ your attorney as well.
The 7 month duration could be b/c the company requested so, or b/c USCIS seemed it appropriate based on submitted information/documents.
The I-140 processing will not be impacted by the H-1 validity dates. The company can again file for extension in future, or a different employer can file a cap-exempt petition for him.
Did I cover all the questions? 
Are you going to work for a consulting company? As Oct 1 approaches and you are confident about your employer’s ability to pay you (irrespective of whether you are on bench or not), you can talk to employer about upgrading to PP.