H4 to H1 Visa Conversion - status for the days between H1 approval & H4 Expiry

[bang]

My Wife's H1 is currently under process, we havent yet recived a final decision on her case, she completed her Masters in June of 2006 and her H1 application was started in July. We have a Case number and there was RFE later for some more documents which was responded with. My H1 and her Current H4 is expiring on Jan 15th, i did apply for my H1 extension but did not apply for her H4 since it will invalidate her H1.
If any one can answer the questions i have, it will be of great help
1) Are there any chances of here H1 denial ? the current company which she has applied H1 through does have the quite a few application already approved last year
2) If she gets an approval later this month, say on Jan 30th, what will her status be from Jan 15th till Jan 30th ? by any chance will she go out of status ? ( I have my 140 approved and 485 not filed yet, waiting for PD) will this affect the GC process in anyway ?
3) Is it a good idea to file here H4 extension as well ?
4) if we file an extension say this week and later if H1 gets approved after 3 weeks, can we pull back the H4 extension application ?

Any input will help me in deciding what to do.

Thanks in advance

bang

 

[bang]

Please respond

Has anyone been in this situation before ? please provide any input possible

Thanks

bang

 

[ginnu]

My Wife's H1 is currently under process, we havent yet recived a final decision on her case, she completed her Masters in June of 2006 and her H1 application was started in July. We have a Case number and there was RFE later for some more documents which was responded with. My H1 and her Current H4 is expiring on Jan 15th, i did apply for my H1 extension but did not apply for her H4 since it will invalidate her H1.
If any one can answer the questions i have, it will be of great help
1) Are there any chances of here H1 denial ? the current company which she has applied H1 through does have the quite a few application already approved last year
2) If she gets an approval later this month, say on Jan 30th, what will her status be from Jan 15th till Jan 30th ? by any chance will she go out of status ? ( I have my 140 approved and 485 not filed yet, waiting for PD) will this affect the GC process in anyway ?
3) Is it a good idea to file here H4 extension as well ?
4) if we file an extension say this week and later if H1 gets approved after 3 weeks, can we pull back the H4 extension application ?

Any input will help me in deciding what to do.

Thanks in advance

bang

was her H1 filed as Change of status from H4 to H1?(if you dont know ask the lawyer)
what was the RFE? it was related to her documents or employer documents. it will be better if you post RFE details then one can guess if her H1 will be approved

 

[bang]

Her H1 was filed as COS from H4 - H1, we had provided all her current Visa details and have not traveled out side of US after applying.
The RFE was for providing my documents - they asked for my Passport copy and recent Paystubs, i do not have any issues with my H1 i have been on status from Day 1 in this country with all paper work intact. For some reason the response for RFE reached them late and infact i recieved a notification saying they recieved the respose and will let us know about the status in next 60 days.

 

[ginnu]

Her H1 was filed as COS from H4 - H1, we had provided all her current Visa details and have not traveled out side of US after applying.
The RFE was for providing my documents - they asked for my Passport copy and recent Paystubs, i do not have any issues with my H1 i have been on status from Day 1 in this country with all paper work intact.
-----------they wanted to check her H4 status
For some reason the response for RFE reached them late
----that may be problem if it reached after last day of RFE. why responce to RFE was delayed when you had all the papers?
and infact i recieved a notification saying they recieved the respose and will let us know about the status in next 60 days.

better check with her lawyer who filed her H4 to H1 to make a decision to file her H4 extension or talk to your lawyer. I have read about 20-30 cases in 6-8 months when person filed H4 to H1 COS and once got H1 approved the employer did not had the job and was not paying and again they converted from H1 to H4. check with the employer if they have job and will pay her once H1 approved then make decision

 

[bang]

better check with her lawyer who filed her H4 to H1 to make a decision to file her H4 extension or talk to your lawyer. I have read about 20-30 cases in 6-8 months when person filed H4 to H1 COS and once got H1 approved the employer did not had the job and was not paying and again they converted from H1 to H4. check with the employer if they have job and will pay her once H1 approved then make decision

Yes the Employer already has projects lined up, she can start work and will be paid once the H1 is approved, Work and Salary is not an issue.
As i mentioned there was an update from USCIS on Jan 3rd which mentioned that they recieved the documents, which means the case is still valid and open.
My question was more around the days in between of her H4 expiry and H1 Approval, what would her status be ? will she be out of status ?

 

[ginnu]

Yes the Employer already has projects lined up, she can start work and will be paid once the H1 is approved, Work and Salary is not an issue.
As i mentioned there was an update from USCIS on Jan 3rd which mentioned that they recieved the documents, which means the case is still valid and open.
My question was more around the days in between of her H4 expiry and H1 Approval, what would her status be ? will she be out of status ?

if H1 gets approved then she will be on H1 status. if her H4 to H1 COS is denied then she will be out of status from the date her I-94 gets expired.

 

[bang]

if H1 gets approved then she will be on H1 status. if her H4 to H1 COS is denied then she will be out of status from the date her I-94 gets expired.

Thanks, i understand if H1 gets Denied.
Say her H1 gets approved on 30th Jan while H4 is expiring on jan 15th for the days in between of her H4 expiry and H1 Approval, would she still be legal to stay in US ?