H4 to H1B transfer and H4 extension petitions at the same time

[Manisha1805]

Hi,

 

I was on H4 status in US, but was holding approved H1B petition. My H4 visa is expiring on 3rd Spet' 2015.

 

I got job and my new employer filed H1B transfer with COS form H4 to H1B with premium processing. It was done on 10th Aug'2015. Also, my husband's company filed my H4 extension along with his H1B extension with premium processing on 12th Aug'2015.

 

I had doubt what will happen in my case then, will USCIS change my status to H1B or will extend my H4 keeping me on H4 status.

 

Thanks & regards,

Manisha

[jairichi]

If your H4 EOS petition is approved now then you will move back to H4 status and have to stop working for employer. To move back to H1B status you will need to exit and enter US with a valid H1B visa and I797. 

 

Decide what status you would like to stay on. If H1B then apply immediately for withdrawal of H4 EOS petition with USCIS.

[pontevecchio]

Inform your spouses Company Lawyer about the matter NOW. They may need to withdraw your H4 extension stat. PP involves a Lawyer with direct access to the Officer. Hence the lawyer can sort it out.

[Manisha1805]

Thanks for the information. So its no that if My H4 to h1B COS is approved, H4 extension will be rejected since I will come to H1B status?

[jairichi]

Thanks for the information. So its no that if My H4 to h1B COS is approved, H4 extension will be rejected since I will come to H1B status?

No, it does not work that way.

[Manisha1805]

Thanks Jai. I will ask my spouse's employer to withdraw H4 extension.