File H-1B Visa when H-4 extension in pending


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I am currently in the US on an H-4 VISA that expires in end of July'2011. My extension was filed in March'2011 but the approval hasn't come yet. I have received the receipt number. My Husbands H-1B extension has been approved.

I now have a company ready to sponsor my H-1B. Could I go ahead with the filing of my H-1B before my H-4 extension gets approved?

Highly appreciate any information on the above.

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Yes you can file for H1 now. But I think it will start only on Oct 1st.

The COS application for H4 to H1 also needs to submitted when you file for H1. The lawyer will know about this.

However, you cannot leave the country when your H1 and COS applications are in process. If you leave the country the I-94 will become invalid and your COS application too will be invalid. This will not affect your H1 application only the COS application will be affected.

The option in this case is to return to US with the H1 visa stamped.

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Thank you for the information.

The sponsor company is ready to wait for me till October. My main concern is that my H-4 extension is still pending with the USCIS and if we go ahead with an H-1B petition, will the 'last action rule' cause any trouble?

I do have my receipt number for H-4 extension which I can give as a reference before filing my H-1B to ensure some sort of a continuity in the petitions.

Kindly let me know your inputs on the same.

Highly appreciate your help.

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