Apply for H4 extension when applied for H1

[ashapai1982]

Hello

I have a rather confusing question.

I am here on H4 and I have applied for H1, through the lottery this year april 2008. My H4 expires on 1st october 2008 with my husband's H1. I want to apply for a Visitor's driver's license in Illinois but can't because I don't have more than 6 months on my visa.

Now if I get my H1 approved, I still wont get SSN till october 1st , so I still cant drive. If my husband gets his H1 renewed now and lets say through premium processing things move fast I should be able get my H4 also renewed and have more than 6 months valid stay in USA.

Is it fine to do this, is it fine to get an H4 renewed even if H1 is approved. Just thinking from a driver's licence point of view

Any answers would be great... sorry for the rather long question

[txh1b]

The last action rule applies in that case. The status that has the last effective date will be your final status.

Apply for H4 extension along with your Spouse using PP, this will grant you H4extension beyond Oct 1st 2008. After the H4 extension gets approved, if your COS to H1b gets approved, your final status will be H1 after Oct 1st.

If vice-versa happens, your final status will be H4 as both of them have the same effective date in your case. The last petition to get approved holds good in such case.

[ashapai1982]

Thanks....

Can I travel after I get an approved I-797 for COS from H4 to H1