Related to H1B premium processing and VISA status

[Somik]

Hi All,

I am in USA now on H4 Visa as a dependant of my husband who is on H1B. I am going to process my H1B Visa via a consultancy firm in premium mode. Since this process starts in April '13, lets assume i receive a response by May'13 if the Visa is approved or not.
My queries are as follows -
> if USCIS says that H1B is approved, does it mean that my status will be H1B effective immidiately? if not, when will it be effective from?
> How does USCIS respond for premium H1B cases?

If you want to know why i am concerned about this date - because my husband's H1B/ my H4 will expire on Aug'13. So i need to be on a valid 'STATUS' before that time.

Regards,
Rajneeta

[raghvi]

Hi All,

I am in USA now on H4 Visa as a dependant of my husband who is on H1B. I am going to process my H1B Visa via a consultancy firm in premium mode. Since this process starts in April '13, lets assume i receive a response by May'13 if the Visa is approved or not.
My queries are as follows -
> if USCIS says that H1B is approved, does it mean that my status will be H1B effective immidiately? if not, when will it be effective from?
> How does USCIS respond for premium H1B cases?

If you want to know why i am concerned about this date - because my husband's H1B/ my H4 will expire on Aug'13. So i need to be on a valid 'STATUS' before that time.

Regards,
Rajneeta

A fresh H1 even if filed in premium will become effective only from 01-Oct-2013. If your H1 is approved with COS and you receive a new I-94, you will go on H1 status only from 01-Oct-2013.
If you and your husband have a valid I-94 till 01-Oct-2013 or beyond its good otherwise if your I-94s are expiring along with the visa in August 2013 in order for you two to be in status beyond 01-August-2013 your husband's H1 extension and H4 extension has to be filed before I-94 expiry. Advisable to get husband's H1 extension filed under premium too don't forget to file your H4 extension too .


This is my opinion not legal advice.