H1B Amendment and H4 status change at the same time

[Kavijain]

Hello...

My situation
1. H1b Expiring in Oct 2015. Capped 7 years cannot file an extention.
2. Work Location changed. Need to file an amendment petition for that reason.
3. In parallel need to change status to H4 so I can work on H4 EAD after Oct 2015.

Can I file for H1B amendment and H4 visa at the same time?

Thanks

[raghvi]

Hello...

My situation
1. H1b Expiring in Oct 2015. Capped 7 years cannot file an extention.
2. Work Location changed. Need to file an amendment petition for that reason.
3. In parallel need to change status to H4 so I can work on H4 EAD after Oct 2015.

Can I file for H1B amendment and H4 visa at the same time?

Thanks

1. 7 Years? I thought H1 was valid only for 6 Years.
2&3. H1 amendment should be filed with immediate effect, and COS to H4 should be filed with a start date of Oct 2015. As these two are different processes, it might be difficult to ensure that the day your H1 expires, the next day you would be on H4 + EAD to enable you to continue to work, talk to an attorney.

This is my opinion not legal advice.