Converting from H4 to H1 while H4 extension in progress

[mchguy]

Hello -

My H1-B and my spouse's H-4 visa extensions are in progress and are in the 'Initial Review' state. At this time, can my spouse apply for an H-1 B cap exempt visa through non-profit research organization? Will this trigger an RFE on either H-4 extension or H-1 B cap exempt visa transfer?

Also, can the H-1 B cap exempt visa through non-profit research organization done via COS?

Appreciate your inputs.

Thank you
Vijay

[raghvi]

Hello -

My H1-B and my spouse's H-4 visa extensions are in progress and are in the 'Initial Review' state. At this time, can my spouse apply for an H-1 B cap exempt visa through non-profit research organization? Will this trigger an RFE on either H-4 extension or H-1 B cap exempt visa transfer?

Also, can the H-1 B cap exempt visa through non-profit research organization done via COS?

Appreciate your inputs.

Thank you
Vijay

When are the I-94 expiring for you and your spouse?

[mchguy]

Hello Raghvi

Both of our I-94s are expiring on 19-Feb-2014.

Thanks

[raghvi]

Filing multiple petitions with USCIS at the same time can cause confusions later on. If you dont want to be in a similar situation as in this thread http://www.immihelp.com/forum/showth...Approval-(COS) then it is advisable that you file a H4 to H1 COS for your spouse only after getting H4 extension approval first. If you are in a hurry you should upgrade your H1 extension request to premium.

This is my opinion not legal advice.

[mchguy]

Thanks Ragvi. The 'last action rule' is something new that I learned today and the situation in that thread sounds complicated. So, I will better stick with one at a time.

I was reading through other forums for H1 extensions and H1 transfers in parallel and people said that wouldnt have an impact on the other. So, that's the reason I thought applying for H1 COS while H4 extension is in progress wouldnt have any impact on each other. May be, in the former case, both are H1 related (extension and transfer) and will not be a problem. In the latter case, it is dealing with two different visas (H1 COS and H4 extension) and might pose a problem.

- - - Updated - - -

Ragvi -

So, can I take it for granted that H1 cap exempt visa via Non-Profit research organization can be applied through COS from current H4? And my understanding is, these cap exempt visa dont have a hard start date (like Oct 1st for capped H1) and that the candidate can start working as soon as the approval is received, correct?

Thank you very much for your time.