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  1. #1
    Join Date
    Mar 2011
    Posts
    3

    Default Applying H1b , While H4 Extension Pending

    Hello,
    I am currently on an H4 visa with an I94 that has expired about a week ago. However I am in legal status as an H4 extension has been applied before the expiry. The attorney says that the H4 extension could take anywhere between 3-6 months to come through.
    Now, I am also looking actively for jobs and hope to transfer to an H1B sometime soon(I was on an H1b before, so i dont fall under the quota). My question is - Is it possible to file for H1B while my H4 extension is still pending?
    Thanks,
    ROkur

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Applying H1b , While H4 Extension Pending

    Filing for the H1B with the H4 extension pending should not of itself be a problem, but if you get H1B approval you would want to withdraw your H4 application lest it be subsequently approved and render your H1B status invalid under the last action rule. Consider premium processing for the H1B.

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