H4 I94 expired / Got H1B sponsor (Urgent advise req)

[sree6730]

Dear All,

I'm on H4 visa status. My I-94 has expired on 30-Sep-2011.I have filed for H4 extension with USCIS last week before expiry.I heard that it will take minimum 3 to 4 months to get the ext details.

One of the employer is ready to sponsor H1B visa on a premium quota this month.

Since my I94 has already expired and has been filed with USCIS for extension, will this be a problem for filing a fresh H1B(Premium quota) for me?

Do i need to wait till i get the I94 for H4 visa OR am i permitted to file H1B on a premium quota parallelly ? The employer who is ready to sponsor the H1B will not wait for long time.

One of my friend had suggested this option:"Ask the employer to file for H-1 along w/ COS. Submit all your documentation including currently expired I-94 and copy of extension filing. If COS gets approved, then you can start working on H-1 from the approval date. If COS doesn't get approved, then wait for H-4 extension to come through and then file for COS. Or travel to India, get H-1 stamped and enter US on that stamped visa to work on H-1."

Kindly advise if the above option is possible if not please suggest an alternative.

Please treat this on priority.

Many Thanks

Sreejith