H4 Extension and H1 Approved

[Vishu07]

My wife got her H1 approved which will be effective from oct 1 , 2017. she is currently in US on H4 which is valid till oct 5th 2017. Since our visa was expiring,we had filed I-539 for extending H4 which is currently in progress with the uscis.
What happens if I-539 gets approved before oct1. Will she be on H1 or H4 on oct 1 2017?

[raghvi]

My wife got her H1 approved which will be effective from oct 1 , 2017. she is currently in US on H4 which is valid till oct 5th 2017. Since our visa was expiring,we had filed I-539 for extending H4 which is currently in progress with the uscis.
What happens if I-539 gets approved before oct1. Will she be on H1 or H4 on oct 1 2017?

Assuming H1 was applied as COS and its approved with new I-94 ; if H4 gets approved before 01-Oct-2017 its fine, but if it gets approved after 01-Oct-2017 then your spouse moves back to H4 status, and cannot work for H1 employer till another COS from H4 to H1 is approved OR she leaves US and re enters in H1 status on a valid H1 visa.

This is my opinion not legal advice.

[Vishu07]

Assuming H1 was applied as COS and its approved with new I-94 ; if H4 gets approved before 01-Oct-2017 its fine, but if it gets approved after 01-Oct-2017 then your spouse moves back to H4 status, and cannot work for H1 employer till another COS from H4 to H1 is approved OR she leaves US and re enters in H1 status on a valid H1 visa.

This is my opinion not legal advice.

Hi Raghvi,

H1 was approved with the same I94 and petition was for I-539 is still pending with the USICS.

want to know
1) What happens to her status if petition for I 539 gets approved before Oct 1
2) What happens to her status if petition for I 539 gets approved after Oct 1.

Thank you for the response

[raghvi]

Hi Raghvi,

H1 was approved with the same I94 and petition was for I-539 is still pending with the USICS.

want to know
1) What happens to her status if petition for I 539 gets approved before Oct 1
2) What happens to her status if petition for I 539 gets approved after Oct 1.

Thank you for the response

1. She can work with employer from 01-OCt-2017.
2. She should stop working for the employer the day H4 extension is approved as she is on H4 status from that date.

This is my opinion not legal advice.

[Vishu07]

1. She can work with employer from 01-OCt-2017.
2. She should stop working for the employer the day H4 extension is approved as she is on H4 status from that date.

This is my opinion not legal advice.

Thank you Raghvi