Parallel filing of new H1 and current h4 extension

[Cakshay007]

Hi,

My current H1 and spouse H4+H4 EAD are valid till Dec 31 2020. Spouse's new H1 is filed to USCIS by employer this year. I am in parallel trying to file my H1 and spouse h4 extension. As per USCIS Last action rule, i believe that spouse new H1(if approved) will get overidden by H4 extension approval as the H1 is effective 1st Oct, while the H4 extension will have 1st Jan 2021 start date. One attorney suggested to upgrade spouse H1 to premium and based on decision, continue or withdraw the H4 extension? Is this the best approach? Another option is not to file H4 extension and only go with my H1 extension and later decide to file H4 extension if spouse h1 gets denied, but looking at processing times this option may not give enough room to file H4 and subsequently H4 Ead and get approval prior to Dec end expiry. Please suggest which option you recommend.

Edited June 27, 2020 by Cakshay007
Typo

[User099]

File your H1 and H4 along with it EAD, apply for spouses H1 in PP and withdraw H4 petition if spouses H1 is approved. 

[Cakshay007]

Hi,

Thanks for the response. When i checked with the employer, they are saying spouse's new H1 with COS from H4 EAD to H1 (filed on June 22) might get denied if i now file her H4 extension with my H1 extension (yet to be filed). Is this correct? 

Also, Since the spouse's new H1 is already filed on Jun 22, I cannot immediately upgrade it to Premium process for next few weeks until after we receive her receipt notice and start the process of upgrade. This will take atleast 5-6 weeks. I was thinking, to save time now, i should file my h1+ spouse h4 extension together and file it in Premium process hoping it would be processed by uscis earlier than spouse's H1 case that is already filed a week ago. This way i hope to get my H1+ H4 extension processed by USCIS earlier than spouse's new H1 that is filed on Jun 22.  Please advise if this is right approach at this stage. Assuming that filing my H1+H4 extension will also take few more weeks due to internal process.

[User099]

If you file your H1 in PP, her H4 will not be adjudicated with it. H4 and EAD will take 5-6 months to come back. 

Her H1 will mostly be approved before her H4 come up for adjudication. 

[Cakshay007]

5 hours ago, User099 said:

If you file your H1 in PP, her H4 will not be adjudicated with it. H4 and EAD will take 5-6 months to come back. 

Her H1 will mostly be approved before her H4 come up for adjudication. 

Ok thanks for the comments. Thats a good input.