Can I apply for H1 visa while my H4 is pending

[imchamps]

Hello,

I have applied for my H4 extension and it is still pending. Can I apply for H1 now when the status is still pending?
Is there a way to cancel my H4 application?

Appreciate your help.

Thanks

[rkk09]

Hello,

I have applied for my H4 extension and it is still pending. Can I apply for H1 now when the status is still pending?
Is there a way to cancel my H4 application?

Appreciate your help.

Thanks

Hi Member,
Are you going to apply H1B under CAP quota or you are going to consider CAP exempt? If you are eligible for CAP exempt then Yes you can file change of status petition while you are in the H4 status. But my understanding is, so do you have still H4 validity or you are being in the USA with the help of H4 Ext receipt notice?
If your previous H4 is expired and you are in H4 ext receipt then H1B change of status petition may approve with consular notification.
If you want to cancel H4 extension petition, you will need to send withdrawal request to USCIS.

All the best,
Thanks

[imchamps]

Hi Member,
Are you going to apply H1B under CAP quota or you are going to consider CAP exempt? If you are eligible for CAP exempt then Yes you can file change of status petition while you are in the H4 status. But my understanding is, so do you have still H4 validity or you are being in the USA with the help of H4 Ext receipt notice?
If your previous H4 is expired and you are in H4 ext receipt then H1B change of status petition may approve with consular notification.
If you want to cancel H4 extension petition, you will need to send withdrawal request to USCIS.

All the best,
Thanks

Thanks for your reply.
I had my H1 until 2017. So I dont think I will be under the CAP.
I changed to H4 status because of some personal reasons. My H4 has expired a few days ago and and I had applied for H4 extension before it expired. My h4 status is in pending status. I want to apply for H1 now.
1- Is it possible to apply for H1 before I get my H4 approval?
2- Should I send the H visa withdrawal as soon as I apply for H1 or Do I have to wait until my H1 gets approved?
3- What will happen in the case where I get my H1 approved and soon after that my H4 is approved even before I withdrew my H4 application? Do I have a choice which visa I can keep?

Thanks in advance.

[rkk09]

Hi Member,
Please see my response below.

1- Is it possible to apply for H1 before I get my H4 approval?
Answer: Yes. You can apply H1B now as you are eligible for H1B CAP exempt. But since you dont have approval of H4 and waiting for H4 petition adjudication, May be you get H1B Approval with consular notification.

2- Should I send the H visa withdrawal as soon as I apply for H1 or Do I have to wait until my H1 gets approved?
Answer: You will need to wait for H4 status adjudication. Anyhow, you can not start working on H1B until you get the final status on the petition.

3- What will happen in the case where I get my H1 approved and soon after that my H4 is approved even before I withdrew my H4 application? Do I have a choice which visa I can keep?
Answer: If you get H1B Approval then you can withdraw the H4 petition immediately. But before you take action on H4 petition, Please make sure about H1B Approval classification. If you get H1B change of status approval then you dont need to take action on H4. If you get H1B Approval with consular notification, until you go for visa stamping and get visa stamped then reenter to USA, you should not touch H4 Approval/ petition.

All the best.
Thanks