H4 To H1


Recommended Posts



I am a previous H1b holder, changed to h4 due to health issues. I am currently on h4.


It will be expiring soon.(March 11)


I got an offer and the company wants to apply for H1b. They are ready to send out the packet in  a day or two


My question is :


  • Is my stay legal for the days between my I94 expiration date (march 11) and h1b approval ( say march 30,based on minimum days for premium process), if i receive the H1b receipt before my I94 expires??  In short, is it legal to stay with h1b receipt when h4 expires??


I am hesitating to apply h4 ext simultaneously becoz if my H4 approved after h1b..then i will be back to h4.


Also I cant stay till h4 extension is approved and then apply for h1b,as it takes about 2 months (nopremium option for h4 ext).offer can wait only for a month may be....they are not willing to wait longer...


These are the reasons why i need to apply for h1b first..Please answer or any other suggestions are also appreciated.



Link to comment


This topic is now archived and is closed to further replies.