H1B VISA application and out of status details

[somikdam]

Hi All,

I am in USA as H4 dependent of my husband. I am planning to apply H1B premium on April,2013 premium processing.

If everything goes well and I receive confirmation mail and I 797 on time, what should be the effective date on I797?

Will it be any date of May'13 or April'13 ? Or it is always Oct 1st 2013 by some rule?

My husband's VISA is expitring on Aug'13. If he does not apply for my H4 extension - do i need to leave US during the window Aug'13 to Oct'13?

Regards,

Rajneeta

[pontevecchio]

The effective date is October,1 onwards for a cap subject H1. Your spouses visa is irrelevant. His H1 petition and the I94 are relevant.

[t75]

New H1Bs are from Oct 1 in your situation. You may try to COS to B2 in the interim but if the approval does not come with I-94 for H1B, you must exit for stamping anyway.