no status for 15 days for H4 to H1-COS, applied as fresh H1, can apply H4 extension after H1 approval and avoid stamping??

[hmjreddy]

Hi Friends,

I am on H4 from past 9 months, validity of my H4 visa (stamp on my passport) is till 15-sep-2013 (my Husband H1 is also valid till 15-SEP-2013, due for extension)

Here is my situation:

At the very last moment (30th of march before sending the application to USCIS) of applying my H1 (2014), employer says that my H4 cannot be done in COS as i dont have valid status from 15-sep-2013 to 30-SEP-2013 (neither my hysband nor me never thought that this will be an issue for H1 COS )and gave 2 options

1. fisrt start extension of H1 and H4 in premium and attach that to my H1-COS application -- (But extension in premium takes minimum of 10-15 days at the least to get approved, we dont have much time to do this, so not a feasible option)

2. Applying H1 as fresh application (i have previous work exp) (with a condition that if whether H1 got approved or not i have to leave US and enter US with valid stamping again (H1 visa if approved else on H4 visa) )

we dont have time to think and are running out of time for option1, we opted option2.

we have asked the attorney of my employer, that can we apply for H4 extension along with my husband H1 extension even after applying for H1.

they said, we cannot apply for extension even if it is not picked up in lottery -- is this true?

we cannot apply for extension of H4, if application gets approved as the status will be changed already.

we trust the attorney and opted option 2 and went ahead with fresh H1 application

Good news is, MY H1 got approved valid from oct 1 2013.

When we share my H1 details like validity issue and need to leave US for stamping, everyone are expressing their doubts and suggesting us (more over arguing with us) to apply for H4 extension along with my husband H1.

so had full of doubts, and thought to post it in Murthy firm.

Some one please suggest me can i apply H4 extension with my husband H1 extension and can I avoid stamping?

waiting for response.

Thanks in advance

[pontevecchio]

Why is getting the H1 visa such a problem for you? Worst case come back in H4 status and look for a viable H1 sponsor in future.