H4 to H1 conversion

H

H1Bdude

Registered Users (C)
My wife has filed for H4 extension in Jan 07 along with my H1 extension.

If she were to file for H1B on Apr 1st 07, Does she need to have her H4 approved? (or) Can her prospective employer just take the notice of action part on her H4 extenstion and file her I 129? I need to know this asap as I would like to request Premium Processing.

Thanks
 
H1Bdude said:
My wife has filed for H4 extension in Jan 07 along with my H1 extension.

If she were to file for H1B on Apr 1st 07, Does she need to have her H4 approved? (or) Can her prospective employer just take the notice of action part on her H4 extenstion and file her I 129? I need to know this asap as I would like to request Premium Processing.

Thanks
Click to expand...
Employer can file H1 anytime as long as quota is available however, if her I-94 with H4 got expired during H1 is pending, denial of H4 will lead to denial of COS to H1. That is called "bridging".
 
Guys,
I am also on the same boat with even tight timings

I am currently on L1 and my I-94 is expiring in Aug,

1) Can I apply for H1B with change of status

2) and if I apply for H1B with COS in April and my current employer applies L1 extension in July/Aug will it be a problem as you mentioned Bridging. Can you please through some light on bridging

2) If I apply H1B with out Change of status, is there any way I can start working with H1B employer without leaving out of country (assume I will get L1 extended mean while)

3) if I apply H1B with change of status, when they approve assume in Aug and assume my L1 extension under way what will happen to L1?
if they approve L1 extension after H1B approval what will happen to my approved H1B
 
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GotPR? said:
Employer can file H1 anytime as long as quota is available however, if her I-94 with H4 got expired during H1 is pending, denial of H4 will lead to denial of COS to H1. That is called "bridging".
Click to expand...


I spoke with Rajiv on the con call and he said that if her H4 is approved before her H1 is approved she should have no issues. If her H1 is approved before her H4 this can result in having her H1 status lost as a result of the "last action".

As her H4 extension has been filed on Jan 9th and her H1 will be filed only on Apr1st with regular processing her H4 should be approved before H1. I guess USCIS will almost take a month to generate a receipt number for her H1 application. That means it will be May 1st or so and 4 months should be a good time to get H4 approved.

To avoid all this I can go for Premium processing.
 
GotPR? said:
Employer can file H1 anytime as long as quota is available however, if her I-94 with H4 got expired during H1 is pending, denial of H4 will lead to denial of COS to H1. That is called "bridging".
Click to expand...

Thanks for your information. If her H1 is approved ahead of H4 for some weird reason ( Chances are remote as the H4 application will already be 90 days old by the time her H1 application is filed, but u never know USCIS ) can she withdraw her H4 petition and be in status?
 
H1Bdude said:
Thanks for your information. If her H1 is approved ahead of H4 for some weird reason ( Chances are remote as the H4 application will already be 90 days old by the time her H1 application is filed, but u never know USCIS ) can she withdraw her H4 petition and be in status?
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When will your wife's current H4 expire ?
 
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