H1B Extension pending? Can I apply for change of status to H4.

veni

Registered Users (C)
I came to USA in Jan 2008 on H4 Visa, and I got my H1B starting from Oct 2008 till Aug 31 2011, so I am in my 3rd year of H1B.

As my H1B is coming to expiry, My employer has already applied for an extension on July 20th 2011 (this year -regular processing), I am planning to convert it into premium processing.

And I work as software development consultant.

Here are my concerns:

a) If my H1B extension application gets RFE, will i be out-of status?

b) If my H1B extension gets denial after Aug 31. Will I be out of status right-away?

c) Is it better for my to apply for COS to H4? and then get back to H1 if I get an approval later? to avoid going into out-of-status.
 
I came to USA in Jan 2008 on H4 Visa, and I got my H1B starting from Oct 2008 till Aug 31 2011, so I am in my 3rd year of H1B.

As my H1B is coming to expiry, My employer has already applied for an extension on July 20th 2011 (this year -regular processing), I am planning to convert it into premium processing.

And I work as software development consultant.

Here are my concerns:

a) If my H1B extension application gets RFE, will i be out-of status?
----- NO,If you get RFE provide what is asked in RFE. Getting RFE does not mean you go out of status.
b) If my H1B extension gets denial after Aug 31. Will I be out of status right-away?
--Yes
c) Is it better for my to apply for COS to H4? and then get back to H1 if I get an approval later? to avoid going into out-of-status.
----------?????
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