H1 to H4

[mekha21]

Hi! I have currently applied for a H1 extension (the case is pending with USCIS). I want to know if it gets rejected and if I have to apply for an H4 visa through my husbands company, do I have to leave the country? Can I apply for H4 while I am here? Also how to justify the period between rejection and application for H4?

[shervin143]

If your I-94 is valid at the time of rejection, then you can immediately file the COS to H4. If the I-94 has already expired, then you have no optionother than to leave the country and return back in H4 visa. By showing your spouse's H1B approval notice at the POE, you wil get an I-94 matching the petition expiry date.