H4 to H1.I-94 expires on NOV2006

[vvdv2003]

Hi,

I'm currently in H4 & my current I-94 expires in nov 2006.
I'm Planning to convert to H1 in 2006.I will be filing extension on Sep 2006.Will this affect my H1 approval or will it invalidate H1 approval?

My husband has applied for his GC(23-Mar-2005) and it's in dallas backlog center.What will be the implication if I convert to H1 in 2006?

Thanks.

 

[GotPR?]

I'm currently in H4 & my current I-94 expires in nov 2006.
I'm Planning to convert to H1 in 2006.I will be filing extension on Sep 2006.Will this affect my H1 approval or will it invalidate H1 approval?

Whichever approved later will be your status.. To avoid confusion, why don't you apply only for H1 (change of status) ? you can get H4 anytime as long as your spouse is H1.

My husband has applied for his GC(23-Mar-2005) and it's in dallas backlog center.What will be the implication if I convert to H1 in 2006?

No implications.

 

[vvdv2003]

Thanks for ur reply.

Along with I-94,my husband's H1 (6th year),expires on the same date(nov 2006).SO what will be the implications of processing H1 for me and also what will be the implications on the GC processing?

Won't it be a risk to not file extension of my H4?

 

[GotPR?]

OK, sorry i missed your point...You husband can go beyond 6 years with H1 since his LC was filed more than 365days before H1 expiration, however, you probably can not get H1 beyond Nov 2006 unless your OWN LC was filed 365days before 7th year start date.
You husband's LC is not affected no matter what you apply for anyway because it's his own LC.

 

[vvdv2003]

Sorry I forgot to mention.I came to US in feb 2003.My husbnd's H1 is
only expiring in NOV 2006.so what will be the implications of applying for my H1?

I will be applying for H1 in APril/May of 2006,which would get approved by OCT/NOV 2006.But my husband will file for his H1 extension and my H4 extension in AUG/SEP 2006.

So like u said if I only file for H1 and not for H4,what will happen to my H1 in this case.

And also after I get my H1 in OCT/NOV 2006 say I try to find a job for 6months(I think I can't be in H1 for more than 6 months without a job,which afer 6 months will become out-of-status) and if I want to go back to H4
what should I do and from where should I file for my H4?

Should I go to India to get my stamping?
So is it advisable to Process H1 now?

Thanks.

 

[GotPR?]

Sorry I forgot to mention.I came to US in feb 2003.My husbnd's H1 is
only expiring in NOV 2006.so what will be the implications of applying for my H1?

That is good. You are eligible for H1 at least til feb 2009.

So like u said if I only file for H1 and not for H4,what will happen to my H1 in this case.

The last action rules and whichever approved later will be your status.

And also after I get my H1 in OCT/NOV 2006 say I try to find a job for 6months(I think I can't be in H1 for more than 6 months without a job,which afer 6 months will become out-of-status) and if I want to go back to H4
what should I do and from where should I file for my H4?

H1 is filed by employer, not you, thus you need employer before filing H1.
you need to file I539 to change your status to H4.

Should I go to India to get my stamping?
So is it advisable to Process H1 now?.

If your change of status(H4 -> H1) is approved, you can stay in the US and do not need stamp as long as you do not travel abroad, however, you need to get H1 stamp next time you enter the US.
If you do not have US master degree, you need to wait for 2006 April to file H1..