get12345 Posted September 10, 2015 Report Posted September 10, 2015 Hi, I have a timing 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 H1B extension by end of this week. 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. 1. How do I manage my status for the 6 days between 9/24/2015 to 9/30/2015? 2. Can I go to CBP and get it corrected by providing all the relavant documents (Old H4 stamping and New H1 I797)? 3. Is there no way to cover this six days on H4 status? 4. When I checked with CBP over phone, the officer confirmed that I had to leave and re-enter the country without looking at the documents. Is this the only option? A immediate response would be highly appreciated. Thanks.
lalith0902 Posted September 10, 2015 Report Posted September 10, 2015 My situation is also pretty much the same except that my H4 visa is till 30 Sep 2015. Below is the description: My H4 visa is getting expired on 30 Sep 2015.I have applied for H1B visa which is under processing with 'RFE' status.My spouse's H1 b amendment is currently under processing. My questions are: 1.If my H1 B visa gets approved after 30 Sep 2015,do I have to go out of US and get my H1 visa stamped?2.Is it fine if I file for H4 visa extension while my H1 b visa is under processing?3.If my H1 b visa doesnt get approved ,can i file for H4 visa extension immediately after i get to know that my H1 got rejected and stay in USA?4.What is the best way to deal with this situation as I do not wish to go out of status and also I do not wish to go out of country to get my visa stamped?
jairichi Posted September 10, 2015 Report Posted September 10, 2015 My situation is also pretty much the same except that my H4 visa is till 30 Sep 2015. Below is the description: My H4 visa is getting expired on 30 Sep 2015.I have applied for H1B visa which is under processing with 'RFE' status.My spouse's H1 b amendment is currently under processing. My questions are: 1.If my H1 B visa gets approved after 30 Sep 2015,do I have to go out of US and get my H1 visa stamped?2.Is it fine if I file for H4 visa extension while my H1 b visa is under processing? 3.If my H1 b visa doesnt get approved ,can i file for H4 visa extension immediately after i get to know that my H1 got rejected and stay in USA? 4.What is the best way to deal with this situation as I do not wish to go out of status and also I do not wish to go out of country to get my visa stamped? Your visa date does not matter. What matters is your I94 expiry date. 1. Not, if approved as COS. 2. Yes and withdraw it once H1B petition is approved as COS. 3. In most cases if you do so extension will not be approved. 4. Refer 2.
get12345 Posted September 10, 2015 Author Report Posted September 10, 2015 When does your I94 expire? It expires on 9/24/2915.
get12345 Posted September 11, 2015 Author Report Posted September 11, 2015 When does your I94 expire? It expires on 9/24/2015. Do I need to goto CBP to get this corrected?
jairichi Posted September 11, 2015 Report Posted September 11, 2015 CBP will not correct it. On safer side you can file a H4 EOS and withdraw it once you move to H1B status on Oct 1st.
get12345 Posted September 14, 2015 Author Report Posted September 14, 2015 CBP will not correct it. On safer side you can file a H4 EOS and withdraw it once you move to H1B status on Oct 1st. CBP Help in correcting the same and extended it by 10 days.
jairichi Posted September 14, 2015 Report Posted September 14, 2015 CBP Help in correcting the same and extended it by 10 days. You are lucky. Thanks for the update.
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