H4 extension - Conversion to H1 B

[anjanishriram]

Hi ,

My H4 extension petition has been with USCIS since Nov,2008.
Can I apply for H1 B this year though
my H4 extension is pending with USCIS currently ?

[txh1b]

H1b can be applied if you have a sponsor. Only difference would be it may have to be a CP if you cannot prove valid status continuously by means of an I-94.

[anjanishriram]

Thanks sir , for your reply.Can you please explain what CP is? If you meant Consular Processing , I do have a EAC number for my extension petition. But I donot have any documents of the EAC, I just have the EAC number. Is this enough?

[txh1b]

Like I said, USCIS will process your H1b. They may not process the COS to H1b and will process it as a CP case if you do not submit the approval I-94 indicating continuous valid status. They could ask for it in a RFE.

You could try giving an online case status of the extension along with the I-94 while applying.