COS from H4 to H1 when H4 extension is in progress

[Shikha1234]

I had H1B from Employer A. After the project got over, I applied for COS from H1 to H4 and it got approved as well. However, that H4 approval was valid till 9/9 as my husband's H1 was till 9/9

My husband's employer filed H1 Extension for him with my H4 extension as well. That is still in progress (It was filed around July 20th normal processing). Now, I have an offer from the same client again and there is an Employer B who is willing to do COS for me in premium processing.

Is there a risk factor involved in this? I am not sure if the H4 extension gets approved first or the premium processing COS from H4 to H1 will get approved first. Is there a way we can make the COS from H4 to H1 work?

[shervin143]

It will complicate things. Your status will change as per the last approved petition. If H1B gets approved first (15 days if filed in premium) then you status will change to H1B and you should immediately start working and get paid to maintain the H1B status. When the H4 gets approved later, your status will change back to H4 and you should stop working immediately.

[Shikha1234]

Thanks for your reply. I don't think the client can wait till my H4 extension gets approved and then they apply the COS. If suppose my H1 gets approved first, is it okay to ask my husband's employer to amend the case and cancel the H4 extension? Or is there any other way out that I maintain my H1 status?

Just in case, I go back to H4, can a COS still be filed with the same client letter by my employer?

[shervin143]

Thanks for your reply. I don't think the client can wait till my H4 extension gets approved and then they apply the COS. If suppose my H1 gets approved first, is it okay to ask my husband's employer to amend the case and cancel the H4 extension? Or is there any other way out that I maintain my H1 status?
>>> You should not cancel the pending H4. If you do that your stay post 9/9/2015 will become illegal stay since your I-94 has already expired.

Just in case, I go back to H4, can a COS still be filed with the same client letter by my employer?
>>> Yes. The employer can file a COS from H4 to H1B in premium. You cannot work until the COS gets approved.