Hi, We are in US. My Husband is on H1B and I am on H4 status, and they are valid till 24th July 2014. So my I-94 expires on 24th July 2014. I am planning to file H1B for myself for this year in April. Will there be any issue in processing my H1B application as my H4 expires on July24th as there is no proof of continuity of staying further. My Husband already filed his H1B extension but did not included me. In this case, will my H1 application is accepted or not? Will there be any issues?
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Originally posted by Shailaja542 View PostHi, We are in US. My Husband is on H1B and I am on H4 status, and they are valid till 24th July 2014. So my I-94 expires on 24th July 2014. I am planning to file H1B for myself for this year in April. Will there be any issue in processing my H1B application as my H4 expires on July24th as there is no proof of continuity of staying further. My Husband already filed his H1B extension but did not included me. In this case, will my H1 application is accepted or not? Will there be any issues?
H1 in general, if approved as COS, would kick in only from 01-Oct-2014 or later. So in order for this to happen you should have a valid status on 30-Sep-2014. Since your I-94 is expiring on 24-July-2014 itself, unless you have an H4 extension filed/approved USCIS will not approve the COS to H1.
This is my opinion not legal advice.
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Originally posted by Shailaja542 View PostHi, We are in US. My Husband is on H1B and I am on H4 status, and they are valid till 24th July 2014. So my I-94 expires on 24th July 2014. I am planning to file H1B for myself for this year in April. Will there be any issue in processing my H1B application as my H4 expires on July24th as there is no proof of continuity of staying further. My Husband already filed his H1B extension but did not included me. In this case, will my H1 application is accepted or not? Will there be any issues?
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