You are here:

Immigration Issues/H4 to H1B (while H4 is under extension)

Advertisement


Question
I'm currently On H4 status and it is filed for extension along with my spouse's H1-B.Recently i got a job offer where the company is willing to file H1 for me.Is it legal to proceed with H1 filing while my H4 is under extension?Do i need to go back to the country of origin for H1 stamping. Is it legal to start working once the company has filed for H1?

Answer
Hi,

There is no problem in changing status from H4 to H1B if the I-94 in connection with H4 has not yet expired. In this instance, after H1B petition has been filed, the pending H4 extension application can be withdrawn so that H4 is not approved after H1B approval. (Otherwise you will be back in H4 status after briefly being in H1B status, as you can hold only one status at a time, and the "latest action" by the USCIS determines what is your current status).

If I-94 in connection with H4 has expired, H1B petition should still be filed requesting change of status, but it is likely that the USCIS will not grant change of status to H1B until the pending H4 application is approved first granting extension of H4 status.

If you are willing to travel to your home country for H1B visa stamping, then you can avoid the complex interplay of H1B/H4 change of status scenarios by requesting consular processing of H1B petition.

You can call our law firm at 212-268-3580 during business hours, or email info@h1b1.com for additional guidance.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.