Can i apply for H1B now and COS later?

[Somik]

Hi,

I am in US now with H4 visa which is expiring on 15th aug 2013. My husband's company will apply for my H4 extension on June/July. I am applying for H1B via another company on April 2013. I want my H4 extension to be filed as well so that i don't go out of status from 15th Aug to 1st Sep (effective date of H1B).

Now my question is -
> Is it possible to file COS later, like when my H4 extension is approved ? That way i can then do a COS from H4 to H1B.
> Can there be any conflict in VISA adjudication - since H1B will be filed on April(approx) and H4 extension will be filed on July(approx)?

Regards,
Somik

[raghvi]

Hi,

I am in US now with H4 visa which is expiring on 15th aug 2013. My husband's company will apply for my H4 extension on June/July. I am applying for H1B via another company on April 2013. I want my H4 extension to be filed as well so that i don't go out of status from 15th Aug to 1st Sep (effective date of H1B).

Now my question is -
> Is it possible to file COS later, like when my H4 extension is approved ? That way i can then do a COS from H4 to H1B.
> Can there be any conflict in VISA adjudication - since H1B will be filed on April(approx) and H4 extension will be filed on July(approx)?

Regards,
Somik

First of all, new H1 start date can only be from 01-Oct-2013 not 01-Sept-2013.

When is your I-94 expiring? If it is also expiring 15 August 2013, suggest you to not wait till June/July 2013 to apply for your H4/spousal H1 extension.

When USCIS allows one to file upto 6 Months in advance why delay it till the end? If your spouse applies for H1 extension in Feb 2013, you can use the H4 filed receipt to file H4 to H1 COS from 01-April 2013. In that case most probably USCIS is going to ask for proof of your spouse's H1 extension approval in order to do a COS, hence advisable to first file spousal H1 extension under premium in Feb 2013 so you have the result before the H1 cap opens up in 01-April-2013.

This is my opinion not legal advice.