Apply for H1B while H4 extension is pending with USCIS

[gurp273]

Hi,

Please help me on below query-
My husband is currently on an H4 visa with his I94 that has expired on 31st Dec2015. However, he has in legal status as his H4 extension has been applied in December itself before the expiry.
Now, he is 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 his H1B while his H4 extension is still in pending status and i94 is expired ?


Do I need to change my visa extension to premium processing?

[raghvi]

Hi,

Please help me on below query-
My husband is currently on an H4 visa with his I94 that has expired on 31st Dec2015. However, he has in legal status as his H4 extension has been applied in December itself before the expiry.
Now, he is 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 his H1B while his H4 extension is still in pending status and i94 is expired ?


Do I need to change my visa extension to premium processing?

It is possible, but can give rise to complication. There is no premium processing for H4 visa extension requests. But if your H1 extension is also in progress yes would advise to upgrade to premium, once H1 extension is approved, your spouse can travel out of US, and re enter with a fresh H4 stamp and then later apply H1 as COS.

This is my opinion not legal advice.

[gurp273]

Thanks for the reply.

But if i convert my visa extension to premium , and get approval of my petition. then my husband will get extension automatically.. right?

now he is in US.. do he needs to go out of US to file H1B as COS?

[raghvi]

Thanks for the reply.

But if i convert my visa extension to premium , and get approval of my petition. then my husband will get extension automatically.. right?

now he is in US.. do he needs to go out of US to file H1B as COS?

If H1 extension and H4 extension were applied together, yes it is possible.

For COS to be approved one needs to be in US and in valid status.

This is my opinion not legal advice.

[gurp273]

If H1 extension and H4 extension were applied together, yes it is possible.

For COS to be approved one needs to be in US and in valid status.

This is my opinion not legal advice.

thanks for the reply... H1 extension and H4 extension were applied together ..
so if we get approval then, will our I-94 be updated automatically? can i apply for COS to H1 without going out of US?

do i need to go out of US and Re enter with fresh visa for updation of my i-94?