New H1 filling while H4 extension under process

[thelastresort]

Hi,

I am currently on H4 visa. Recently, I got a job and my employer is filling a H1 and COS H4-H1 for me under premium processing.I am expecting the approval by end of this week (February first week).

I have question about my visa status. My husband's employer filed H4 extension in last week of December 2010. Accordingly, my H4 will extend after my H1 approval.

1. Do I have to cancel my H4 extension once I get H1 approval?

2. Will my H4 extension getting approved after H1 approval push me back into H4 status?

Thank you !

[pontevecchio]

Premium Processing implies a Lawyer on board. Please let this Lawyer know about the pending H4 so he can ask for withdrawal..

[thelastresort]

I have forwarded the question to employer. But today I was informed that my H4 extension is approved. I am also expecting H1 approval in a day or two.

Now, I am wondering if I am pushed to H4 again or not?

How do I know what is my current status?

[wizzkid]

From my understanding,

1. Do I have to cancel my H4 extension once I get H1 approval?

Yes, please withdraw H4 extension (or you can take risk and wait till H1 is approved and then withdraw H4 to be on safer side, but you lawyer should be able to decide what is best)

2. Will my H4 extension getting approved after H1 approval push me back into H4 status?

- There is something called "last action rule" (Google it), by that your status will be H4

[wizzkid]

Since your H4 extn is approved and H1 is still pending, your H1 approval will be the last action and your status will be H1 once approved. No problem, good luck!

[thelastresort]

Thank you !

[sig123]

My H1B visa is approved today. My start date is Oct 1st.

My H4 will expire on September 17th; my husband’s company has filed for my H4 Extension.

Please let me know what my options are.

Thanks