Change of status(H4 to H1) query

[aspire14]

Hi,
I am currently on H4 and trying for H1B visa this year. My spouse has filed for H1 extension (current one expiring in March'14). However, there is a chance that by the time of filing H1 visa, we may not get the new I94. We would have the application receipt for the extension though. Can that receipt be used for change of status paperwork?

[raghvi]

Hi,
I am currently on H4 and trying for H1B visa this year. My spouse has filed for H1 extension (current one expiring in March'14). However, there is a chance that by the time of filing H1 visa, we may not get the new I94. We would have the application receipt for the extension though. Can that receipt be used for change of status paperwork?

Yes it is possible. But the H1 COS will depend upon successful H4 extension approval.

This is my opinion not legal advice.

[aspire14]

Yes it is possible. But the H1 COS will depend upon successful H4 extension approval.

This is my opinion not legal advice.

Thanks Raghvi!!

In this case how the new I94 would be attached with the H1 Visa? Assuming that the H4 extension completes after the H1 Approval, do we have to go back to India and get the stamping done to get I94 attached to the H1 visa?

[raghvi]

Thanks Raghvi!!

In this case how the new I94 would be attached with the H1 Visa? Assuming that the H4 extension completes after the H1 Approval, do we have to go back to India and get the stamping done to get I94 attached to the H1 visa?

Two things are possible:
1. When you file H4 to H1 COS for yourself on 01-Apr-2014, during processing USCIS will raise a RFE asking to provide the H4 extension approval and associated I-94 and will give you time (around 60 days) to provide it. If you are able to provide that within that time frame then they will,if everything else is fine client details/employer details etc, approve the COS and the H1 I-94 would come attached with the approved H1 I797. If you are not able to provide within that time frame USCIS will approve it as consular process.
2. Rarely , but possible, USCIS will approve your COS to H1.

As your H1 will anyhow start after 01-Oct-2014 I see a very rare possibility that your H4 extension isnt approved by then. But in worst case if your H4 extension is not approved by then and H4 ext gets approved after H1 COS then you would move back to H4. Under that circumstance you will either have to leave US, get H1 stamped and return on H1 OR file another H4 to H1 COS , in order to get to H1.

This is my opinion not legal advice.