H4 to H1 - Need immediate help

[mGeethac]

Hi,

I came to US on H4, dependent on my husband's H1. I have an employer who is ready to apply for my H4 to H1 conversion in this year's quota. But I have an issue,

1. I-94 of my H4 got expired on Aug, 2011
2. We applied for H4 and (my husband's H1) extension on Jun,2011
3. Got an RFE for husband's H1 on Sep,2011
4. RFE is answered in Nov1,2011. Application is upgraded to Premium.
5. We are expecting the answer anytime in the third or fourth week of November.

a) Now my question is, will there be any problem if I apply for new H1 (H4-H1) even before the H4 extension result is known? What sort of complications are possible?

b) Should I wait till the H4 extension result is known?

c) If I wait, I am afraid that the H1 quota for this year might be completed!

I am unable to decide upon this. Please give your valuable suggestions..

Thanks.

[shervin143]

a) Now my question is, will there be any problem if I apply for new H1 (H4-H1) even before the H4 extension result is known? What sort of complications are possible?
>>> No issues. But the petition will need to be filed as a bridging petition based on the pending H4. If H4 extension gets denied, then the COS to H1B will also get denied and the H1B may get approved for consular process. Search and read about bridging.

b) Should I wait till the H4 extension result is known? If I wait, I am afraid that the H1 quota for this year might be completed!
>>> If you can, then it is good to file the H1B after you get the extension. Bridging is always a little complicated. However, if you are worried about the CAP, then go ahead and file the H1B. At the worst case, just COS might get denied.