H1B and H4 extension overlap. Please help

[somikdam]

I am currently on H4 Visa and it will expire on 15^th Aug’2013 with my husband’s H1-B. My husband will apply for his H1-B extension on May’13. I wish to apply for H1-B visa with help of a consultancy this year. The window to apply H1-B opens from April’13 and the visa start date that USCIS provides is 1^st Oct (am not 100% sure) irrespective of whether visa is processed under premium or not.

Please understand that my motive is just to get the H1B visa without leaving US this year. It would be of great help if you are aware of any other alternative than the ones .

Scenario1:

I apply for H1B under normal processing on April’13 which is expected to get approved by Aug’13/Sep’13.

• Shall my husband apply for my H4 extension?
  
• If he does not apply, will I be out-of-status in the window 15-Aug’13 to 30-Sep’13?
  
• If he applies for H4 extension, then considering that H4 approval will come after H1B approval – my final status will be H4 again as per last action rule. Right?
  

Scenario 2:

I apply for H1B under premium processing on April’13 which is expected to get approved by May’13/Jun’13. My husband does not apply for my H4 extension.

• The I94 which I will receive will have date as 1^st Oct’13?
  
• Assuming I get H1B premium approval before 15^th Aug. Do I have to leave US before 15^th Aug and return after 1^st Oct with H1B visa stamping or I can stay in US during this window?
  

Scenario 3:

I apply for H1B under normal processing without COS on Apr’13 and my husband applies for H4 extension on June’13. After getting approval for H4 extension I will apply for my COS.

• Will there be any problem in getting H4 extension approval since USCIS will show H1B as already approved?
  
• Can my husband’s H1B extension or my H4 extension get RFE in USCIS because of my H1B approval?
  
• If H4 extension is approved, can I then apply for COS from H1B to H4?
  

Regards,

Rajneeta