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H1 and then H4 extension

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  • H1 and then H4 extension

    Hi
    I am trying to understand validity of multiple visas. Say I get H1 filed from an employer and its gets approved effective Oct-1. But in June I file for H4 extension as my H4 is expirying on Jun. To continue valid status I beleive I have to file for extension. But then is H1 is active after Oct-1?

  • #2
    Unless your H4 I-94 is valid until Sept 30th or a H4 extension is filed and the H1B is filed as a COS based on the pending H4 extension, the chances of the H1B getting approved with a new I-94 is very less. In which case, your status will not change to H1B as of Oct 1st (without a new I-94 attached to the approval notice).

    If H1B gets approved for COS (with effective date of Oct 1st) and H4 extension also gets approved and if H4 effective date is before Oct 1st, then your status will automatically change to H1B as of Oct 1st and you should be working and getting paid as of Oct 1st. If the H4 becomes effective after H1B effective date, then you will remain to be in H4 status and you cannot work. Search and read about the last action rule.
    Not a legal advice. Use of this information is strictly at your own risk.

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