Time is running out

[ashapai1982]

My H1b application I-129 ( COS from H4 to H1 ) has still not been approved after being picked in the lottery. I have been waiting for more than three months.

My H4 is going to expire on October 1st 2008. I don't know what to do, I have just moved my case to Premium Processing. But incase it doesnt come by September 30th what should I do? I guess I would have to apply for H4 and my H1 would get void with the last action rule

Let me know if what I am thinking is right , any suggestions are welcome

Thanks
Asha

[madhav_s]

Go out of the US now and come back to the US with your H1B stamped (if it's approved).
This is the only solution I think.

Let the senior members also respond.

[txh1b]

You can remain in US on a pending application past the I-94 date. However, if the H1b gets denied, you would have accumulated illegal presence which is bad.

[ashapai1982]

Thanks for the reply,

Also I wanted to know since I am still waiting on my H1 approval and if I go ahead with my H4 renewal on October 1st and later (after oct 1st) if my H1 comes first and then H4 can I again do a COS from H4 to H1 ?

[txh1b]

Yes, can be done. There will a period when you have to quit working if that happens.

[ashapai1982]

While I was waiting for my H1 approval, my H4 was expiring for my husbands company filed for my H4 extension. My H4 has been extended and my status is now H4( no visa stamp just with a new I-797 and I-94).
If my pending H1 comes now (filed before H4 extension) what will my status be?

[txh1b]

Based on last action rule, it will be H1b immediately after COS approval. As USCIS does not have proof that H4 was extended in your H1b package, if they see an expired I-94, they will likely issue an RFE for the latest I-94/status or approve a I797B without COS. This would require an amendment or visa stamp to begin work.

[ashapai1982]

Thanks, I dont want to be waiting for this H1b any more and want to join school starting Jan 21st. What do you suggest I do?

[txh1b]

Travel and renter on H4. That will void any pending COS requests.

[ashapai1982]

Can I withdraw my H1 application. Do you have any idea how long that will take, it might be difficult for me to travel right now.

[txh1b]

H1b can be withdrawn by the employer. No estimates on how long USCIS will take to look into withdraw requests. There is a chance for it to be approved if withdrawal request doesn't get looked into prior to approval.

You also would have to get into the lottery deal again if you want a H1b.

[ashapai1982]

Thanks for your reply. I wanted to know is it ok to wait until the H1 approval comes and then immeditaely after it comes can I go out and get an H4 stamp.Do i need to show paystubs then. I am not scheduled for any travel now and my husband also has no vacation.

[txh1b]

How can you find a visa appointment immediately after H1b gets approved? You would have technically violated your status as you need to be working on H1b from day 1.

Why do you need your husband for your H4 visa stamp? H1b holder need not accompany for H4 visa.