H4 to H1 while H4 extension in process

[kattu786]

Hi,

Currently I am on H4 Visa and I have I-94 valid till 10th Aug 2013 , Visa valid till 31st July 2013.My H4 extension has been filed on 5th July and is pending.My question is :-

1) If I get a job and employer is ready to do H4-H1 can it be done after 10th Aug ?

2) If answer to 1 is Yes then am I right in saying that H4 extension application needs to be cancelled (if H1 approval comes before) ?

[raghvi]

Hi,

Currently I am on H4 Visa and I have I-94 valid till 10th Aug 2013 , Visa valid till 31st July 2013.My H4 extension has been filed on 5th July and is pending.My question is :-

1) If I get a job and employer is ready to do H4-H1 can it be done after 10th Aug ?

2) If answer to 1 is Yes then am I right in saying that H4 extension application needs to be cancelled (if H1 approval comes before) ?

Its never advisable to have multiple petitions filed with USCIS. In case you do a H4 to H1 after 10th August you would first need to get H4 extension approval. Without a valid H4 status a COS to any other status will not be possible.

If you can find an employer who files a H4 to H1 COS before 10th August preferably in premium then yes, you can withdraw the H4 application. But you got te be careful with the risk here, if the H4 to H1 COS is rejected then you would automatically be out of status after 10 Aug 2013 and would not be able to fiel H4 extension and would eventually have to leave US and get either a H4 or H1 visa stamped in order to return.

Advised to first get H4 extension approved and then file a H4 to H1 COS.

This is my opinion not legal advice.

[kattu786]

Its never advisable to have multiple petitions filed with USCIS. In case you do a H4 to H1 after 10th August you would first need to get H4 extension approval. Without a valid H4 status a COS to any other status will not be possible.

If you can find an employer who files a H4 to H1 COS before 10th August preferably in premium then yes, you can withdraw the H4 application. But you got te be careful with the risk here, if the H4 to H1 COS is rejected then you would automatically be out of status after 10 Aug 2013 and would not be able to fiel H4 extension and would eventually have to leave US and get either a H4 or H1 visa stamped in order to return.

Advised to first get H4 extension approved and then file a H4 to H1 COS.

This is my opinion not legal advice.

Raghvi...Thanks for the response....I didn't get " if the H4 to H1 COS is rejected then you would automatically be out of status after 10 Aug 2013". please correct my understanding....My H4 extension has been filed , so even if I file H4 to H1 before 10th and it gets rejected my h4 extn will be in process..My understanding is that H4 to H1 COS should not have any bearing on the H4 extn process as they are two separate petitions