H4 to H1 One day gap.

[Mitra110]

We have received a RFE on my wife's (currently on H4) H1 after premium process request. We are responding to it soon. Our status expires on Sept 29th 2012 i.e after 20 days. Now what happens if H1 is approved? We will have to leave the country and get it stamped in India ? Or we will be able to stay here for that ONE day? (They have already denied B2 COS application on Sept 5th 2012.)

Secondly even more important: If the H1 is denied then What we can we do to stay here legally? Can my wife apply for F1? If yes then are there chances of rejections based on various application filed recently like H1, B2 COS?

Your answers will help us a lot.

[hireitpeople]

If it gets approved as a change of Status+ Extension, you don't have to leave the country. IF the H1B is denied your wife will be out of status from Sep 29th, until the date of denial. Why not Extend your H1B and file an H4 extension as well.

NOT A LEGAL ADVICE, USE AT RISK

[Mitra110]

H4 to H1 One day gap.

If it gets approved as a change of Status+ Extension, you don't have to leave the country. IF the H1B is denied your wife will be out of status from Sep 29th, until the date of denial. Why not Extend your H1B and file an H4 extension as well.

NOT A LEGAL ADVICE, USE AT RISK

Thanks Hireitpeople. If u can kindly clarify:Will we be able to file F1 if H1 gets denied before Sept 29th? If Yes than are there chances of rejections based on many petitions.