H4 to H1 and I 94 getting Expired

[Kit2013]

Hi I am on H4 And it is expiring on Sep 30 th 2013.I didn't apply for the H4 extension. Also I got an offer from one of the employers and they processed my H1B this year(2013 quota) in Regular process. I got a RFE and my employer responded to that RFE in Premium Processing. USCIS received my application on Sep 20 th and status is Initial Review. If gets response from USCIS before sep 30 th there will be no issue. But what about my status after sep 30th if i dont get the response.

 

    Could you please suggest me what is the better way to handle this? Some are suggesting that apply for H4 extension on Sep 30 th (E filing) and withdraw it once H1 got approved. How feasible is this solution. Please help me.

[jairichi]

Hi I am on H4 And it is expiring on Sep 30 th 2013.I didn't apply for the H4 extension. Also I got an offer from one of the employers and they processed my H1B this year(2013 quota) in Regular process. I got a RFE and my employer responded to that RFE in Premium Processing. USCIS received my application on Sep 20 th and status is Initial Review. If gets response from USCIS before sep 30 th there will be no issue. But what about my status after sep 30th if i dont get the response.

 

    Could you please suggest me what is the better way to handle this? Some are suggesting that apply for H4 extension on Sep 30 th (E filing) and withdraw it once H1 got approved. How feasible is this solution. Please help me.

When does your I94 expire?

And, as long as a decision for a COS from H4 to H1B is pending with USCIS you are in status. Nothing much to worry. But, in case your H1B is not approved you have to immediately apply for extension of H4 status (have your documents ready, just in case)

[rahul412]

Hi I am on H4 And it is expiring on Sep 30 th 2013.I didn't apply for the H4 extension. Also I got an offer from one of the employers and they processed my H1B this year(2013 quota) in Regular process. I got a RFE and my employer responded to that RFE in Premium Processing. USCIS received my application on Sep 20 th and status is Initial Review. If gets response from USCIS before sep 30 th there will be no issue. But what about my status after sep 30th if i dont get the response.

 

    Could you please suggest me what is the better way to handle this? Some are suggesting that apply for H4 extension on Sep 30 th (E filing) and withdraw it once H1 got approved. How feasible is this solution. Please help me.

If your employer has filed your H1 along with COS then you can stay in US during your H1 processing period.

[Kit2013]

Hi Jairichi,

 

My I 94 is going to expire on Sep 30th 2013.