H4 extension with H1 COS

[abhirambs]

Hi,

My wife is on H4 and her current H4 expires on Sep 30th 2014. The I-94 however is valid until 10th Oct 2014.

She has her H1 COS in process and still under initial review. Now, I am in the process of applying my H1 and her H4 extension. I have read about the last action rule, but my question is

(1) Can I apply the extension using premium so that we have H4 extension done before the H1 COS takes effect. Would this be valid ?
(2) Does having 2 applications in pending would create a problem ?

Or should we upgrade the H1 COS to premium instead ? Please advise

[raghvi]

Hi,

My wife is on H4 and her current H4 expires on Sep 30th 2014. The I-94 however is valid until 10th Oct 2014.

She has her H1 COS in process and still under initial review. Now, I am in the process of applying my H1 and her H4 extension. I have read about the last action rule, but my question is

(1) Can I apply the extension using premium so that we have H4 extension done before the H1 COS takes effect. Would this be valid ?
(2) Does having 2 applications in pending would create a problem ?

Or should we upgrade the H1 COS to premium instead ? Please advise

1. There is no premium processing for H4 extension , but if you apply your H1 extension in premium along with H4 extension, yes there are chances the H4 application would also be processed along with your H1.
2. Yes could.

Why not upgrade her H1 to premium to get the decision before 01-Oct-2014. If her H1 approved no need to file H4 ext for her as she would automatically move to H1 from 01-Oct-2014.

This is my opinion not legal advice.