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Immigration Issues/H4 TO H1b ; I94 Expires

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Question
I am on h4 visa in usa with h4 valid till Aug 2017 & i94 till sept 12 2016. I have applied for h1b visa in apr 2016 & my application got selected in the lottery. I am concerned that I may get an RFE out of status from sep 12 to oct 1. In that case, what should i do? What documents should i submit?

Answer
To continue to remain in the U.S., an application to extend H4 status should be filed with the USCIS no later than the I-94 expiration date of Sep. 12, 2016. However, if and when the H4 extension application is approved after the anticipated H1B effective approval date of Oct. 01, your status will change from H1B back to H4. Therefore, be prepared to depart the U.S. and obtain an H1B visa at a U.S. Consulate abroad...when you enter the U.S. with an H1B visa, your entry will be in H1B status. You will not have to worry about accidentally changing back to H4 status since a pending H4 extension application will become invalid upon departure from the U.S.

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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.

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