URGENT H4/H1 query

[Naveens41]

Hi,

My Husband came on H4 last week and he is having H4 valid till Oct 8th 2011. My H1B extension was filed and got approved.
We are planning to get his H1 filed on premium processing but it might take some time and we are not sure if H1 will be approved/denied before H4 expires. We do not want to file both in parallel because if H4 result comes after H1 result, then his status will again become H4(This is an assumption).

Did anyone had any similar type of experience? Below are the main queries:

1. Can H4 be done on premium process so that we can finish H4 process in 15 days and then go for his H1B filing?

2. How long it takes if we file H4 extension with normal process and with premium process(if applicable)?

3. Can we withdraw the H4 application while it is in process?(In case we file both in parallel and his H1 gets approved before the H4 result come).

4. Can he go to CANADA and get his H4 stamped? This will be easier and quicker than filing for extension. and then we can file his H1B/

Our goal is to get H1 as soon as possible without loosing the status even for a single day. What is the best approach here out of all mentioned above?

Thanks in advance in your response!!!

[kabkaba]

Hi,

My Husband came on H4 last week and he is having H4 valid till Oct 8th 2011. My H1B extension was filed and got approved.
We are planning to get his H1 filed on premium processing but it might take some time and we are not sure if H1 will be approved/denied before H4 expires. We do not want to file both in parallel because if H4 result comes after H1 result, then his status will again become H4(This is an assumption).

Did anyone had any similar type of experience? Below are the main queries:

1. Can H4 be done on premium process so that we can finish H4 process in 15 days and then go for his H1B filing?
No
2. How long it takes if we file H4 extension with normal process and with premium process(if applicable)?
2 to 3 months
3. Can we withdraw the H4 application while it is in process?(In case we file both in parallel and his H1 gets approved before the H4 result come).
Yes
4. Can he go to CANADA and get his H4 stamped? This will be easier and quicker than filing for extension. and then we can file his H1B/
That is possible, if you do this before Visa expiry, he can even use his current Visa and your latest approval notice (extended) to get a longer I-94.
Our goal is to get H1 as soon as possible without loosing the status even for a single day. What is the best approach here out of all mentioned above?

Thanks in advance in your response!!!

Best approach is to extend status by traveling (Canada or elsewhere) and then have the employer file H1 petition. If he returns to US before Visa expiry he can use the current Visa, otherwise he will have to apply. Why wasn't his extension filed with yours, that would have been the best.

[Naveens41]

Thanks Kabkaba for your guidance..
I could not file his extension along with me because he was in India at that time.

1 more question:

What if we file both H4 extension and H1 extension togather and H4 is approved after H1 approval. Will his status again become H4 and do we need to file his H1 again?

[kabkaba]

If two status related applications are filed at the same time, the one that gets approved last will be valid. This is called last action rule.

[Naveens41]

Thanks Kabkaba.

So best option for me as of now is that I should go with H4 extension and then file H1 on Premium.
If H1 results comes before H4 then REVOKE the H4 extension.

Is there anything which I am missing here?

THanks again!!!!

[kabkaba]

That is possible.

Better option in my opinion is to go to Canada before H4 Visa expiry and return to get extended H4 I-94. After that using this new I-94, to file change of status to H1 with or without premium.
He can get Canada's visitor visa in one day if he applies in person at their consulate/embassy after that he can travel and return from Canada on the same day. Just make sure he submits his current I-94 with the airline or Canadian official if traveling by road when he leaves the US.