H4 extension

[squid]

Hi,

I am currently working on H1. My spouse has applied for H1 extension (2 months back) in regular processing and online status shows Initial review.

I did not apply for H4 extension along with my spouse's H1 extension as I am already working on H1.

I am planning to do COS from H1 to H4. One of the option is to leave US and reenter US after my spouse H1B extension approved. However, I am exploring other options to extend my stay in US and do COS from H1 to H4.

Now my questions are :

1. Can I apply for I-539 now with my spouse's extension receipt number alone without the H1B Extension Approval ?

2. If yes for Q1, will I get a new receipt number, or will my I-539 application be added to my spouse's extension petition number ?

3. If my spouse's employer upgrades H1B extension from regular to premium now, I understand that my I-539 can be included along with the petition. Will both our extensions be approved/denied at the same time ?

Thank you

[shervin143]

1. Can I apply for I-539 now with my spouse's extension receipt number alone without the H1B Extension Approval ?
>>> Yes.

2. If yes for Q1, will I get a new receipt number, or will my I-539 application be added to my spouse's extension petition number ?
>>> You will get a new receipt number. Each application will be processed independently.

3. If my spouse's employer upgrades H1B extension from regular to premium now, I understand that my I-539 can be included along with the petition. Will both our extensions be approved/denied at the same time ?
>>> No. There is no premium for H4. Sometimes they process both together. In most cases, that is not the case. They are not compelled to process the H4 in premium just because the H1B is filed in premium. They have to take a decision on H1B within 15 days in case of premium, but they don't necessirily have to do the same for H4. depending on the luck, you may also get the H4 processed within the same time frame.

[squid]

Thanks!

Hi Shervin123,

Thanks for your quick response. That is very helpful.