H4 extension + H4-> H1 conversion

[coollife]

Hi All,

I am currently on H4 (dependent on spouse's H1). My spouse has applied for his H1 and my H4 extension. Will there be any problem if my employer initiates my status conversion from H4 to H1 with a PO when my spouse's H1 extension is in process?

Please answer my question!!!

Thanks in advance

[shervin143]

No issues. However, last received I-94 will take precedence. If your H4 extension comes after your H1B COS, then you will need to get the status change to H1B again (if yu want to remain in H1B and continue working).

[coollife]

Thanks for the reply, Shervin.

My current I-94 is valid till first week of June 2010. My spouse applied for the extension couple of few days ago and received the receipt#. My employer is planning to go for PP for my COS. So, if am in H1 by the time my current I-94 expires, is there any way to cancel the H4 extension that would be in process?

Just checking if there is a possibility of avoiding the change of status twice.

Thanks a lot.

[coollife]

Can someone please answer my second question?

[shervin143]

You can withdraw the H4 petition as long as it it is not approved.