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  1. #1
    Join Date
    Oct 2011
    Posts
    1

    Default H1b Visa Filing

    Hello,
    I'm on H4 visa status and residing in Georgia state, My I-94 has expired on 30-Sep-2011.I have filed for H4 extension with USCIS last week before expiry.I heard that for getting the new I94 it will take 3 to 4 months of time.

    One of the employer is ready to sponsor H1B visa on a premium quota this month.
    Since my I94 has already expired and has been filed with USCIS for extension, will this be a problem for filing a fresh H1B(Premium quota) for me?
    Do i need to wait till i get the I94 for H4 visa OR am i permitted to file H1B on a premium quota parallelly ?

    Kindly advise.

    Many Thanks

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

    Default Re: H1b Visa Filing

    Although your application for extension of your H4 status remains pending, until it is approved you do not have status to change. If your application is rejected (although I wouldn't expect that for a simple H4 extension with no unusual circumstances) you would be deemed "out of status" for the entire period of time between the expiration of your I-94 and the date of rejection.

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