Applying visa as H4 to H1 thru COS while 1-94 is expired

[gurp273]

hi,

i am currently on H4 ,can i apply for H4 to h1 thru COS as my 1-94 is expired?

my husband is going to convert h1 extension from regular to premium..

So will my extension also convert automatically when my husband's petition got approved?

[shervin143]

i am currently on H4 ,can i apply for H4 to h1 thru COS as my 1-94 is expired?
>>> Possible if your H4 extension was filed before your I-94 expiry date. The petition will be a bridge petition. Search and read about bridge petitions. If your I-94 has expired and if you have not filed your H4 extension yet, then your stay currently is illegal and you cannot file a COS to H1B.

my husband is going to convert h1 extension from regular to premium..
So will my extension also convert automatically when my husband's petition got approved?
>>> There is no premium processing for H4. But in most cases, when H1B and H4 are filed together, when H1B gets a decision, they will also work on the H4 application. But that is not a guarantee.

[gurp273]

i am currently on H4 ,can i apply for H4 to h1 thru COS as my 1-94 is expired?
>>> Possible if your H4 extension was filed before your I-94 expiry date. The petition will be a bridge petition. Search and read about bridge petitions. If your I-94 has expired and if you have not filed your H4 extension yet, then your stay currently is illegal and you cannot file a COS to H1B.

my husband is going to convert h1 extension from regular to premium..
So will my extension also convert automatically when my husband's petition got approved?
>>> There is no premium processing for H4. But in most cases, when H1B and H4 are filed together, when H1B gets a decision, they will also work on the H4 application. But that is not a guarantee.

hi

my Extension was filed along with my husband's extension before expiring date. so m i legally elligible for file COS to H1B without waiting for approval?

[shervin143]

You can file a COS to H1B based on the pending H4 extension (receipt notice). Like I said, it will be a bridge petition.

hi

my Extension was filed along with my husband's extension before expiring date. so m i legally elligible for file COS to H1B without waiting for approval?