H1B Filing While H4 Extension Under Process

[roysumanjit]

I came to US on 3rd Dec2012 on H4.I filed H1B on 1st April2013.H4 was valid till 30th Sept 2013.I waited for H1B result and did not file H4 extension.H1B denial came on 30th Jan2014.I filed H4 extension.Receipt number came on 14th Feb.Question is:
1.Can I file H1B in April2014 while H4 extension is still under process?
2.Can I file H1B in April2014 after H4 extension result comes?(I've to convert H4 extension to premium in this case)
3.Will the gap from 30th Jan(result of H1)and 12th Feb(H4 extension filing) cause any problems?

 

[del0175]

1. Yes. You can file anything you want and USCIS will gladly take your money.
2. Yes. Same as above.
3. You have been in the US illegally since 30th Sept 2013. Typically, USCIS does not like aliens breaking the law. Remember that filing for H1b does not mean that while the case is pending you are in lawful status. You still have a few weeks to leave the US so that you do not trigger the three year ban from reentry due to the 180 day rule. In case your H4 extension is approved, you maybe able to reenter the US (though you could be turned away at the airport if the officer suspects that you are likely to become an illegal).