Can we apply H1B extension and H1 to H4 Change of Status ??

[saisharma]

My Husband entered US on H4 as my dependent and his I94 at port of entry is valid till April 2015.

 

Later after few months He filed for  H1B(he doesn't fall under cap as he had H1 earlier) and its approved for 1 year , his new H1B and new I94 is valid till this month end (few more days).

 

So his current status is H-1B and his employer filed for H1B extension on premium process last week and case is in pending status.

 

When I checked with the company attorney they told he can work on new H1B receipt and he will not be out of status with the receipt and also if they get RFE or H1B is not approved they can file for immediate change of status to H4. Is that a valid point ?

 

Since I’m concerned about his status can I file a separate change of status to H-4 now while his H1B renewal petition is pending? 

 

Suppose If I file for H4 (Since H4 petition cannot be filed on premium) what if his H1B case is approved in between? Can I request to cancel his H4 COS processing?

[pontevecchio]

Stay out of it. The lawyer is correct. Worst case he can leave and return on a H4 visa. Do not complicate his life.

[jairichi]

Do not complicate things. His attorney is right.