H4 to H1-B conversion when current H4 extension is pending and current I94 expiring on 24th July2011

[Vasavi.Vangala]

Hi,

I am currently in the US on an H-4 VISA that expires in end of July'2011. My extension was filed in March'2011 (at VSC) but the approval hasn't come yet. I have the receipt number. My Husbands H-1B extension has been approved (it was filed separately).

I now have a company ready to sponsor my H-1B and are ready to wait for me till October'2011 to join them.

1. Could I go ahead with the filing of my H-1B before my H-4 extension gets approved?

2. Can I get my I-94 extended at the local CBP office, based on my husbands H1-B which is valid for the next 2 years, till 2013 and then file my H1-B based on the new I-94?

3. Should the above question (question 2) be valid, while filing my H1-B, do I need to request a withdrawal of my pending H4 extension petition?

Any information on the above questions is highly appreciated.

Thank you.

Best Regards,
Vasavi Vangala

 

[ginnu]

Hi,

I am currently in the US on an H-4 VISA that expires in end of July'2011. My extension was filed in March'2011 (at VSC) but the approval hasn't come yet. I have the receipt number. My Husbands H-1B extension has been approved (it was filed separately).

I now have a company ready to sponsor my H-1B and are ready to wait for me till October'2011 to join them.

1. Could I go ahead with the filing of my H-1B before my H-4 extension gets approved?
--------Wait for the H4 extension approval.
2. Can I get my I-94 extended at the local CBP office, based on my husbands H1-B which is valid for the next 2 years, till 2013 and then file my H1-B based on the new I-94?
-----NO
3. Should the above question (question 2) be valid, while filing my H1-B, do I need to request a withdrawal of my pending H4 extension petition?
----- Let the H4 extension get approved

Any information on the above questions is highly appreciated.

Thank you.

Best Regards,
Vasavi Vangala

If the employer is Desi dont go for H4 to H1 Transfer. if Employer has direct and real job for you then only file the H4 to H1 Change of status. Before the employer file COS from H4 to H1 make sure Employer will pay you once your H1 gets approved.