Applying New H1- H4 status

[pstvak]

Hi,

My wife H4 (and my H1) expires in April 3rd week. We may not able to apply for extension untill march 1st week as she is returning from India next week. So we may not receive the H4 extension receipt soon.

She is planning to apply for H1 in April 1st week. Can she apply for H1 using the current H4 status(which expires in April 3rd week)? Or she needs to wait for H4 extension receipt?

Also I heard, for some cases they are asking to go to home country and get H1 stamping before starting work. Any comments on this? Any tips to avoid this scenario?

Thanks in advance.

 

[ginnu]

Hi,

My wife H4 (and my H1) expires in April 3rd week. We may not able to apply for extension untill march 1st week as she is returning from India next week.
-------------------her H4 is valid till April 3rd week and your H1 is also valid till that date, once she comes March first week she will get I-94 till April 3rd week
So we may not receive the H4 extension receipt soon.

She is planning to apply for H1 in April 1st week.
-----she can as she will be having valid I-94 till April 3rd week. she can file H4 to H1 COS in first week of April
Can she apply for H1 using the current H4 status(which expires in April 3rd week)?
-------yes (her petition must reach USCIS BEFORE her I-94 expires)
Or she needs to wait for H4 extension receipt?

Thanks in advance.