H4 extension and H4-H1 at the same time


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Hi ,

Currently I am on H4.

I entered USA on 2nd Dec 2012. Found one sponsor for H1 filing for the April 2014 cap,(So for April 2013 he is going to file my H1b in premium).

My Spouse H1 and my H4 is going to expire on 31st Jul 2013 , we are applying for the extension of both H1 and H4. My spouse employer is not agreeing for the premium H1 extension process. So we are applying H1 and H4 extension in normal process because our Visa is only valid till July 31st 2013.

Question is : 1) Is there any issue applying for my H4 extension and new H1 at the same time.

We have contacted one attorney regarding filing of H4 extension and new H1 at the same time but he said there would be no issues in that process of H1b.

2)But the problem is I heard from other attorney saying if we apply both H4 extension and H1 at a time, H1b gets denied. Is this true?

Is there any problem if we do the two applications at the same time ( new H1 and H4 extensions) .

Please ca you through some concrete answer for this issue .... thanks in advance.

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