H4 conversion during H1 Extension Pending with USCIS

[pdvja]

Hi All,

I am currently working with H1 and my i94 expired on March 20 2018 and filed the extension by Feb 14 2018. I got RFE on Sep 1st and currently my employer is in progress to file the RFE response. Since i am reaching my 240 days maxout in November 15th i need to depart US. Could you please help clarification the below options?

1) Can i depart US after November 15th and stamp H4 in India or Canada ? Am i eligible to apply for H4 since H1 status is still pending with USCIS?

2) what will happened to my H1 petition if i convert it to H4?

3) since i havent used the H1 for six years, can i change from H4 to H1 in future if needed?

Could you please help me this clarification to take any decision?

Thanks in advance. 

[Kiranvv123]

Hi 

I have the latest approved I 797 valid til June 2019 for client A. Currently my amendment for client B is in progress(have received the receipt notice) through standard  which might take months to get the results .im with the same employer. Am planning for H4 Visa for my spouse.kindly suggest

[pontevecchio]

1. Yes.

2.  Either it will be approved or it will be denied.

3. You can utilize the remainder of your total of 6 years in H1 status at any time.