Urgent - H4 to H1B transfer while H4 extension is in process

[dks9898]

Hi,

My wife has approved H1B petition from her last employer when she worked last in 2017(h1b never stamped), now her H4 extension and EAD is under process. Biometric date is next week but she has received an offer letter from one of the US based companies and they are asking her for the options on how can she join.

So our question is -

 Can we go for her h4 to h1b change of status while her h4 extension is pending or are there any challenges with that. Its really urgent as we have to get back to the employer soon. 

Thank you

 

[shekar11#]

On 4/23/2021 at 7:12 PM, dks9898 said:

Hi,

My wife has approved H1B petition from her last employer when she worked last in 2017(h1b never stamped), now her H4 extension and EAD is under process. Biometric date is next week but she has received an offer letter from one of the US based companies and they are asking her for the options on how can she join.

So our question is -

 Can we go for her h4 to h1b change of status while her h4 extension is pending or are there any challenges with that. Its really urgent as we have to get back to the employer soon. 

Thank you

 

Yes, you can apply for change of status from H-4 to H-1 in premium provided her I-94 is still valid. Once H-1 is approved , just withdraw your H-4 and H-4 EAD applications.