Legal Question in Immigration Law in Colorado

h4 to h1

I am on h4 status now...which expires on oct 1st 2006.I applied for my h1b 2007 qouta ,which is in processing.Am i legally allowed to stay in usa after oct1st 2006 even though my h4 expires...but since i have applied for my h1b which is under process?


Asked on 8/16/06, 3:41 pm

2 Answers from Attorneys
Vincent Martin Hellmuth & Johnson PLLC

Re: h4 to h1

You are allowed to remain in the U.S. until a decision is rendered on your H-1B, assuming it was properly filed while you were in valid H-4 status. If you need further assistance, please feel free to contact my office.

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Answered on 8/16/06, 3:45 pm
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: h4 to h1

As long as the H1B petition is received by USCIS before your H4 status expires, you will not accrue unlawful presence, but that is not the same as being in lawful status. You cannot work unless and until the H1B is approved.

My office is in Frisco, Colorado if you want to make an appointment to review the matter.

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Answered on 8/16/06, 4:25 pm


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