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Can one apply H1B while H4 is in progress (receipt received) and i94 is expired ?

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  • Can one apply H1B while H4 is in progress (receipt received) and i94 is expired ?

    Hi, Please help me on below query-
    I am currently on an H4 visa with my I94 that has expired on 31st Dec2015. However, I am in legal status as my H4 extension has been applied in August itself before the expiry and I received receipt for the same. The attorney says that my H4 extension could take few more months to receive approval notice.
    Now, I am also looking actively for jobs in USA and hope to transfer to an H1B this year. My question is - Is it possible to file for my H1B while my H4 extension is still in pending status and i94 is expired ?

    Thanks,
    Rajashree

  • #2
    Possible. If you will be applying for H1B under a brand new quota on April 1st 2016, your H4 decision will be made before that. It takes about 5-6 months to get the decision.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by shervin143 View Post
      Possible. If you will be applying for H1B under a brand new quota on April 1st 2016, your H4 decision will be made before that. It takes about 5-6 months to get the decision.
      Thanks for your quick response. If H4 decision is not made before that, as it is taking long time currently, I wont be able to file H1B in quota on 1st April 2016?

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      • #4
        Originally posted by DeshmukhR View Post
        Thanks for your quick response. If H4 decision is not made before that, as it is taking long time currently, I wont be able to file H1B in quota on 1st April 2016?
        You can still apply, only thing it may get approved as consular process.

        This is my opinion not legal advice.

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