Apply for H4 on spouse visa while my H1B extension is pending


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I work for a big firm A and have an h1b extension pending. My I-94 expires on Aug 30, 2020.

Receipt date of the h1b extension is 26th may 2020 and since this is normal processing, I'm assuming the approval will take a long time, way beyond my I-94 expires. Additionally, I'm expecting an RFE as my home address is 100 miles away from work address, I have a long commute.

My husband has a valid H1b with a different firm and we are considering applying for my H-4 visa before the I-94 expires.

If my h1b application is approved, I'll withdraw the h4 petition. If h1b is denied, I can fall back on the H4 visa.

 

Would this be a sound decision?

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