H4 to H1B status change timing question

[vijay2523]

Hi, 

 

I am on H4 visa and currently holding the H4-EAD card but I also have a H1-B petition which is in process at this time. I am currently working for an employer on H-4 EAD basis and cannot continue to work if I am on H1-B visa.

 

I recently came to know that when they filed for my H1-B petition, a change of status application is also being filed. I want to know what will happen to my status if my H1-B gets approved ( this will be my first H1-B until now) , would my status automatically gets changed from H4 to H1-B ? or is there any way I can have my H1-B approved without changing my status from H4 to H1-B ( Just have the H1-B approved but do not activate it, so that I can use this approved H1-B when needed down the line )  

 

Thank you,

Vijay

[get12345]

Hi,

 

I have a similar problem and need some clarity.

 

I came here on H4 which is valid till 9/24/2015.

My spouse has a H1 valid till 9/30/2015. He is about to file his extension by end of this week. He was informed no to file for me as It will override my H1 status.

 

I have applied for H1 (COS) in Apr 2015, got an RFE, later it was approved on Aug 6 2015. My H1 (COS) status starts from 10/01/2015. 

 

How do I manage my status for the 6 days between 9/24/2015 to 9/30/2015?

Can I go to CBP and get it corrected by providing all the relavant documents (Old H4 stamping and New H1 I797)?

Is there no way to cover this six days on H4 status?

 

An immediate response would be highly appreciated.

 

Regards,

Get12345.