H4 extension or H4 to B2 COS

[Radha Krishna]

Hi,

Urgent help needed.

My H1B COS is approved and valid from 1st Oct,2013.
Im currently on H4 which is expiring on 30th July,2013. I also have valid B2 visa for the next 9 years.

In order to stay in US legally I have two options, which one would be ideal -
1. Extend H4 till 1st October.
2. Convert from H4 to B2 till 1st October.

[peace999]

H4 extension is contingent upon your spouse's H-1 status for that period.

Having a B1/B2 visa has no significance for you as a visa is meant only for admission into the US.

H-4 to B-2 could be possible but by the time the response comes it will be october 1st.

[raghvi]

H4 extension is contingent upon your spouse's H-1 status for that period.

Having a B1/B2 visa has no significance for you as a visa is meant only for admission into the US.

H-4 to B-2 could be possible but by the time the response comes it will be october 1st.

I agree with Peace. Remmeber, if H4 to B2 approval comes after 01-Oct-2013 then you would be in B2 status and you would need to file a B2 to h1 COS to move to H1.

Ideal option would be to file H1 extension in premium and along with that H4 extension request too. You should get decision within 15 days if no RFE.

This is my opinion not legal advice.