h4 to h1 b

[surlak]

hi all,
my h4 and i 94 expired on feb 21st,2002. applied for h4 extension on march 11th(ins receipt date).
got a job offer and the deadline is june 21st..

1.should my h4 be approved to get a h1b or
2.my ins receipt(h4) is enough to get h1 through premium processing..

thanks in advance

 

[jaxen]

Ordinarily need not wait for h4 approval...

But in your case you have a grey time : between Feb 21 to mar 11. U will have to wait for INS to come back with a response to that since your underlying H4 status might not be valid.
Quicker solution would be to travel to home country get H4 and come back and file H4 to h1 under premium processing. OR do premium H1 as a new H1 and go to home country (canada/mexico might get denied)and get the H1 stamp.
In all these cases the possible out of status days are going to haunt you.

 

[surlak]

jaxen

my wife h1 transfer got delayed and hr person in her office forgot to send my h4 forms while applying for her h1..thats the real reason for the delay in applying for h4.

i have applied for a h1 now(through regular porcessing)(receipt date is april 24th).....

thanks for helping me..