H4 to H1 one day gap.

[Mitra110]

Hello!

I'm bit confused about my situation right now. Need your help.

Im on H1 and my status expires on 09/29/12 . We are applying for my wife's H1b (currently on H4) her status also expires on the same date. If her H1 gets approved then the new status will begin from 10/01/12. Now what will be our status on 09/30/12? Do we need to apply for change of status for one day? Or we have to leave the country and comeback?

Your comments will help me a lot. Thanks in advance.

[kabkaba]

That is a matter of USCIS discretion. Sometimes they ignore the 1 day, sometimes they don't. Filing in premium is advisable, so that she will know well beforehand if any corrective action needs to be taken.

In any case USCIS will not completely deny the H1 petition just because of this reason. They may approve it without change of status in the worst case.

[Mitra110]

H4 to H1 one day gap

Thanks Kabkabah. More comments are welcome. Thanks