H4 to H1plzzz help


rajini567

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My present status is H-4 valid till Dec 2013.

H1-B is in processing.

Applying for H4 extension to be on safer side.

Please help me out on My questions.

1.If my H-4 is approved prior to H1-B approval then will there be any impact to change of status approval(COS) from H4 to H1. If yes then what are the available options.

2.If COS H4 to H1-B is denied along with H1 approval then can I still continue my stay in US on extended H-4.

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My present status is H-4 valid till Dec 2013.

H1-B is in processing.

Applying for H4 extension to be on safer side.

Please help me out on My questions.

1.If my H-4 is approved prior to H1-B approval then will there be any impact to change of status approval(COS) from H4 to H1. If yes then what are the available options.

2.If COS H4 to H1-B is denied along with H1 approval then can I still continue my stay in US on extended H-4.

1. No impact. Based on current processing time your H4 extension will not get approved in another 3 to 4 months. If your H4 extension gets approved after H1B approval according to last action rule you will be on H4 status from the date of H4 approval.

2. Yes.

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I am planning to file my h4 extension in premium processing h4 extension might get approved prior to h1 then according last action rule my status would be h1?

And if my h1 is approved and change of status is denied then what are the available options?

There is no premium processing for H4 alone. If your H4 is approved before H1B approval then as per last action rule you will be on H1B status.

If H1B is approved and COS is denied you need to exit and enter US on H1B visa if you would like to work.

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