Can I continue to remain in H4 visa for a few more months even after H1B is approved

[Shobana Lakshmanan]

I am currently in USA on H4 visa. I applied for H1B in the 2017 CAP season and it got picked up in the lottery. I hope to get the approval notice by October this year. I need some clarification on the following queries:

1. My H4 status is valid only until December 2016; Do we need to apply for the H4 extension this year?

2. Once I get my H1B approval notice, will my status automatically change to H1 or should we apply for a status change from H4 to H1?

3. If I am on a personal leave for a few months in H1B visa and if my payroll is not active for that period; will it affect my H1 status?

3. Is it possible for me to continue to remain in H4 visa for a few more months even after I get my H1B approval notice by Oct 2016?

[raghvi]

I am currently in USA on H4 visa. I applied for H1B in the 2017 CAP season and it got picked up in the lottery. I hope to get the approval notice by October this year. I need some clarification on the following queries:

1. My H4 status is valid only until December 2016; Do we need to apply for the H4 extension this year?

2. Once I get my H1B approval notice, will my status automatically change to H1 or should we apply for a status change from H4 to H1?

3. If I am on a personal leave for a few months in H1B visa and if my payroll is not active for that period; will it affect my H1 status?

3. Is it possible for me to continue to remain in H4 visa for a few more months even after I get my H1B approval notice by Oct 2016?

Check with your employer if H1 was applied as COS (Change of Status) or as consular process. The answer to your questions will depend on that.

This is my opinion not legal advice