Urgent query on I94 and H1

[anilswain]

I got my H4 visa valid upto 11 Aug 2016 on his old passport was expiring on Aug 31st 2015. On my I94 the expiration date is also Aug 31st 2015 (Same as old passport expiry). I got my new passport as well. I have applied for H1 this year which got picked in the lottery as well. I heard about the rule last status stays. So I am in a situation here. As my I94 is expiring, to maintain the status I have to apply for extension which will usually takes 3-4 months. Since my H1 got picked, if I get approval of H4 after my H1 approval my status will change to H4. Please advise with the options.

[raghvi]

I got my H4 visa valid upto 11 Aug 2016 on his old passport was expiring on Aug 31st 2015. On my I94 the expiration date is also Aug 31st 2015 (Same as old passport expiry). I got my new passport as well. I have applied for H1 this year which got picked in the lottery as well. I heard about the rule last status stays. So I am in a situation here. As my I94 is expiring, to maintain the status I have to apply for extension which will usually takes 3-4 months. Since my H1 got picked, if I get approval of H4 after my H1 approval my status will change to H4. Please advise with the options.

Did you apply H1 with new passport details or old one?

Easiest way to definitely move to H1 is to leave US 31 Aug 2015, go for H1 stamping immediately and and re enter on H1 as early as 20-Sep (provided you get H1 approval by then).

This is my opinion not legal advice.