H4 extension while H1B in process

[Sumedha Maitra]

Hi
I have applied for H1B and it is in RFE. My H4 visa is expiring on 30th Sept.I want to wait till I know the result of H1B, and if rejected, only then apply for H4 extension. My 1st question is, by 30th Sept if H1B result doesnt come, I will be staying in US while a visa is in process. Is it OK?
2nd question is, in Oct/Nov when probably H1B result comes, and is denied, then can I file H4 and stay in US? Is there any grace period for that? If I cant stay, can I travel to India, with expired I94?

[kadkhiq81]

H4 extension while H1B in process

My best suggestion would be to convert your H1 process in to premium mode if it's possible and you will get your result in 15 days. Based on that, you can decide accordingly.

This is my opinion.

[Sumedha Maitra]

My best suggestion would be to convert your H1 process in to premium mode if it's possible and you will get your result in 15 days. Based on that, you can decide accordingly.

This is my opinion.

Thanks for your response. But my company does not do premium. Can you plz suggest another option?

[kabkaba]

Premium is advisable. You can pay for it if the company does not want to pay.

Even if that is not possible, don't apply for extension of H4 status now. Having two applications pending creates problems.

Pending change of status allows you to stay in the US past your current I-94. Once change of status gets approved, you can immediately start working. However, if change of status is denied, you will have to leave the US immediately.

Another way to avoid that is to apply for extension of H4 status on Sep 30, using E Filing. (Don't use paper filing). Immediately withdraw the extension of status once H1 gets approved.

[cooldude23]

Do I need new I-94

When I was in India, my company filed H1B for me. In May, 2013, I came to US on a
dependent visa and I got I-94 on arrival in US against the dependent visa.
Early this month, I received H1 B approved petition without any I-94

1. I am told that I need new I-94 against H1B. There are 2 ways to get it
a) Travel to India and get H1 B stamped from India and re-enter US,
b) File amendment from US. Please advice If its filed from US under
premium processing, how much time will it take. My project start date is
Oct-01-2013.


2. Can I start the work once the amendment is filed, or do I need to wait
till the amendment is approved

3. My H1b petition and LCA are approved for Project with Client A in North Carolina. I got new Project with Client B in INIANA. Do I need new LCA
to work with Client B ? My role and responsibilities are same with both the clients
Also is there any need for H1b petition amendment ?

4. In Case, H1B amendment is required, can I start working with client B
from Oct-01-2013 if the H1b amendment is filed but approval is not received

- - - Updated - - -

When I was in India, my company filed H1B for me. In May, 2013, I came to US on a
dependent visa and I got I-94 on arrival in US against the dependent visa.
Early this month, I received H1 B approved petition without any I-94

1. I am told that I need new I-94 against H1B. There are 2 ways to get it
a) Travel to India and get H1 B stamped from India and re-enter US,
b) File amendment from US. Please advice If its filed from US under
premium processing, how much time will it take. My project start date is
Oct-01-2013.


2. Can I start the work once the amendment is filed, or do I need to wait
till the amendment is approved

3. My H1b petition and LCA are approved for Project with Client A in North Carolina. I got new Project with Client B in INIANA. Do I need new LCA
to work with Client B ? My role and responsibilities are same with both the clients
Also is there any need for H1b petition amendment ?

4. In Case, H1B amendment is required, can I start working with client B
from Oct-01-2013 if the H1b amendment is filed but approval is not received