H4 to H1 COS, RFE

[priya1013]

I'm on H4 - working on H4 EAD - expires on 12/20/2017.

My employer applied for my H1 this year and it got picked in the lottery. Since H1 was picked they asked me not apply for my H4 extension/EAD renewal. This week, my H1 went into RFE (don't know the reason yet). I'm planning to ask my employer to go for premium processing to get a decision sooner than 12/20/2017

What should I do to maintain my legal status? Should I initiate my H4 extension along with EAD, and if my H1 gets approved withdraw my H4 extension.

Or wait till my H1 decision comes along and then file for my H4 extension.

I do not want to go through the hassle of leaving the country and check what options I've. I've put the same questions to my employer's immigration team, but don't have response yet.

Thanks for your help

[raghvi]

I'm on H4 - working on H4 EAD - expires on 12/20/2017.

My employer applied for my H1 this year and it got picked in the lottery. Since H1 was picked they asked me not apply for my H4 extension/EAD renewal. This week, my H1 went into RFE (don't know the reason yet). I'm planning to ask my employer to go for premium processing to get a decision sooner than 12/20/2017

What should I do to maintain my legal status? Should I initiate my H4 extension along with EAD, and if my H1 gets approved withdraw my H4 extension.

Or wait till my H1 decision comes along and then file for my H4 extension.

I do not want to go through the hassle of leaving the country and check what options I've. I've put the same questions to my employer's immigration team, but don't have response yet.

Thanks for your help

If you have an H4 - I94 till 12/20/2017 then you are fine till then, as long as your spouse is in status. If upgraded to premium the decision should come within a few weeks , much before 12/20/2017, and then you can decide whether to go ahead with H4 extension or not.

This is my opinion not legal advice.