H4 to H1 is in pending but H4 expired

[SPV]

Hi,  I am on H4 visa and it expires July 2015.

I have applied for COS H4 to H1  this year  april and it is in pending.

On the other hand my husband applied for his H1 extension and my H4 extension. Those are also in pending. What if my husband got denied on his H1 before my COS status comes?

As mine  is COS(from H4 to H1) Can I stay here in USA or we both should leave?

 

Thanks,

SP.

[jairichi]

If your spouse's H1B extension is denied he has to leave US. Since you have a COS pending with USCIS you can stay in US.

[SPV]

Thank for the response. I do have one more question.If I get my H1B approved then shall I need to go  to US consulate in my home country for VISA stamping or Can I stay here and work as long as my VISA expires.

[jairichi]

Thank for the response. I do have one more question.If I get my H1B approved then shall I need to go  to US consulate in my home country for VISA stamping or Can I stay here and work as long as my VISA expires.

If your H1B I797 comes with I94 then you can work without the need for a H1B visa. But, when you leave US and want to re-enter you need a valid visa and supporting documents.

[SPV]

Hi I got my H1B -approved  couple of days back and got I -94 attached(original notice not received yet but attorney forwarded me email which he got from USCIS saying it is approved). But when I look at that I-94 in online it is still showing H4.

My questions are :

1. when will it be changed to H1

2. Can I start work meanwhile.

3.As it is still showing H1, Shall I need to my home country and get my VISA stamped and come back.

4.Will I get any problems in applying SSN?(if it sill shows H4)

 

Thanks in advance.

[jairichi]

Hi I got my H1B -approved  couple of days back and got I -94 attached(original notice not received yet but attorney forwarded me email which he got from USCIS saying it is approved). But when I look at that I-94 in online it is still showing H4.

My questions are :

1. when will it be changed to H1

2. Can I start work meanwhile.

3.As it is still showing H1, Shall I need to my home country and get my VISA stamped and come back.

4.Will I get any problems in applying SSN?(if it sill shows H4)

 

Thanks in advance.

 

1. You are on H1B from the day H1B petition has got approved. Online I94 will not get updated unless you exit and enter US. In your case to work now on H1B it is not required.

2. Yes.

3. Not required as you have an I94 with I797.

4. No. Show your H1B I797 with I94 at SSN office.