H4 - H1 Timing issue -- Need urgent help.

[GET12345]

Hi,

I have a timing problem and need some clarity.

I came here on H4 which is valid till 9/24/2015.
My spouse has a H1 valid till 9/30/2015. He is about to file his H1B extension by end of this week.

I have applied for H1 (COS) in Apr 2015, got an RFE, later it was approved on Aug 6 2015. My H1 (COS) status starts from 10/01/2015.

1. How do I manage my status for the 6 days between 9/24/2015 to 9/30/2015?
2. Can I go to CBP and get it corrected by providing all the relavant documents (Old H4 stamping and New H1 I797)?
3. Is there no way to cover this six days on H4 status?
4. When I checked with CBP over phone, the officer confirmed that I had to leave and re-enter the country without looking at the documents. Is this the only option?

An immediate response would be highly appreciated.
Thanks.

[shervin143]

I have applied for H1 (COS) in Apr 2015, got an RFE, later it was approved on Aug 6 2015. My H1 (COS) status starts from 10/01/2015.
>>> Are you sure your h1B got approved as a COS? If your H4 was expiring on 9/24, then USCIS should have approved your H1B for consular process and got COS because of the gap. Check to make sure if you really got a new I-94 with your approval notice. If not, the petition is approved for CP and you cannot work until you get your status changed to H1B.

1. How do I manage my status for the 6 days between 9/24/2015 to 9/30/2015?
>>> You will either need to file H4 extension or leave the country before your current I-94 expires and return back in H1B visa after Oct 1st.

2. Can I go to CBP and get it corrected by providing all the relavant documents (Old H4 stamping and New H1 I797)?
>>> You can certainly give that a try.

3. Is there no way to cover this six days on H4 status?
>>> There are ways. File an extension or leave the country. If your H1B is approved for COS (with new I-94), then filing a H4 extension will become risky because it will change your status back to H4 and you cannot work when H4 gets approved.

4. When I checked with CBP over phone, the officer confirmed that I had to leave and re-enter the country without looking at the documents. Is this the only option?
>>> If they cannot fix at the CBP, that is the best available option.

[GET12345]

Thanks Shervin143 for the quick responses. Pls refer my follup up quries below:

I have applied for H1 (COS) in Apr 2015, got an RFE, later it was approved on Aug 6 2015. My H1 (COS) status starts from 10/01/2015.
>>> Are you sure your h1B got approved as a COS? If your H4 was expiring on 9/24, then USCIS should have approved your H1B for consular process and got COS because of the gap. Check to make sure if you really got a new I-94 with your approval notice. If not, the petition is approved for CP and you cannot work until you get your status changed to H1B.
<<< yes its applied and approved as COS, I have new I-94 valid from 10/1/2015 till 9/8/2018. I have the new I-94 on the H1B approval notice.

1. How do I manage my status for the 6 days between 9/24/2015 to 9/30/2015?
>>> You will either need to file H4 extension or leave the country before your current I-94 expires and return back in H1B visa after Oct 1st.
<<< If I file new H4 extension, do I need to provide details of my H1B in form I-539 of My spouse H1B application?
And can I start working from OCT 1st as my H1B is active? Can I apply for my SSN on my new H1 from 10/1/2015?

2. Can I go to CBP and get it corrected by providing all the relavant documents (Old H4 stamping and New H1 I797)?
>>> You can certainly give that a try.
<<< Does CBP have authority to grant status? I was advised not to visit them later.

3. Is there no way to cover this six days on H4 status?
>>> There are ways. File an extension or leave the country. If your H1B is approved for COS (with new I-94), then filing a H4 extension will become risky because it will change your status back to H4 and you cannot work when H4 gets approved.
<<<If I apply for H4 extension, can I start work on my approved H1B from OCT 1st 2015? When My H4 is approved, I will stop work, can I then apply for H1B COS with CAP EXEMPT?

4. When I checked with CBP over phone, the officer confirmed that I had to leave and re-enter the country without looking at the documents. Is this the only option?
>>> If they cannot fix at the CBP, that is the best available option.
<<< I have concerns on stamping, hence looking for option by staying within the country.

[shervin143]

If I file new H4 extension, do I need to provide details of my H1B in form I-539 of My spouse H1B application?
>>> H4 is based on your spouse's H1B petition. You cannot enter any details about your H1B approval in form I-539 to get an H4 extension.

And can I start working from OCT 1st as my H1B is active? Can I apply for my SSN on my new H1 from 10/1/2015?
>>> Yes, you can start working from Oct 1st and you can apply for SSN. You should stop working immediately when the H4 extension gets approved. You cannot work until you file a COS from H4 to H1B again and they gets approved or you should leave and re-enter in H1B visa to start working again.

Does CBP have authority to grant status? I was advised not to visit them later.
>>> You can give it a try since your husband's petition is valid until Sept 30th. Explain your situation and see if they can help.

If I apply for H4 extension, can I start work on my approved H1B from OCT 1st 2015?
>>> Yes. Be extra cautious that you do not work after the H4 extension gets approved. It is little risky. Avoid filing H4 extension if possible. Try to get the I-94 extended at the CBP. If that works out, that is the best option.

When My H4 is approved, I will stop work, can I then apply for H1B COS with CAP EXEMPT?
>>> Yes.

[GET12345]

If I file new H4 extension, do I need to provide details of my H1B in form I-539 of My spouse H1B application?
>>> H4 is based on your spouse's H1B petition. You cannot enter any details about your H1B approval in form I-539 to get an H4 extension.

And can I start working from OCT 1st as my H1B is active? Can I apply for my SSN on my new H1 from 10/1/2015?
>>> Yes, you can start working from Oct 1st and you can apply for SSN. You should stop working immediately when the H4 extension gets approved. You cannot work until you file a COS from H4 to H1B again and they gets approved or you should leave and re-enter in H1B visa to start working again.

Does CBP have authority to grant status? I was advised not to visit them later.
>>> You can give it a try since your husband's petition is valid until Sept 30th. Explain your situation and see if they can help.

If I apply for H4 extension, can I start work on my approved H1B from OCT 1st 2015?
>>> Yes. Be extra cautious that you do not work after the H4 extension gets approved. It is little risky. Avoid filing H4 extension if possible. Try to get the I-94 extended at the CBP. If that works out, that is the best option.

When My H4 is approved, I will stop work, can I then apply for H1B COS with CAP EXEMPT?
>>> Yes.

<<<Thanks again for your responses.
<<<CBP Helped in correcting the I-94 and extended it by 10 days.

[shervin143]

Glad they could help.

<<<Thanks again for your responses.
<<<CBP Helped in correcting the I-94 and extended it by 10 days.