H4 to H1 denied

[kkgeetha]

Hi,

I am on H4. Last year I applied for H1 and it was received on the last date by USCIS and unfortunately my company told me that the cap had been reached and hence my H1 wasn't approved. Am I out of status?.
Or is my H4 still valid?. Any help appreciated.

Thanks,

[menaka]

h4 2 h1

hi

H4 is valid as long as your spouses h1b petition is valid. If h4 has not been extended before expiry of your previous visathen you may be in considreed out of status

not legal advice!

[kkgeetha]

h4 to h1

Thanks Menaka for your reply,

Actually my h4 was extended on July 14 2005 and its is valid till Dec 29, 2006 and I havent got the stamping as I havent gone out of US. I applied for h1 on Aug 10 2005 and unfortunately didnt get that. So I hope still I am on h4.

Thanks,

[veena_swsh]

Hi,
Alongwith the approval for the extension of status, you would have got an I 94 attached which mentions the period you can stay in the US legally. till this period, you are on status

[kkgeetha]

H4 to H1 denied

Thanks Veena. My I-94 is valid till dec 29, 2006. So I am still on H4.

K.K.Geetha