Legal Question in Immigration Law in Ohio

Hello
I am Sowmya.Currently I am on H4,which is going to expire in 11-Sep-2014.
I applied for H1 this year and it got in to the RFE.I am not sure when I ll be getting my result.
1) Can I apply for the H4 extension now?
If yes, If I get the approval of H4 first then approval 0f H1 what is the status?
If I get the approval of H1 first then H4 next what is the status?
If no what will be status from sep 11th to oct 1st?
2) In case If my H1 is approved what will be my status from Sep 11th to Oct 1st of 2014.?
What is the best suggestion you give?
3)In case H1 is denied can I aplly for H4 and stay in US?

Asked on 8/04/14, 12:58 pm

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

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You should be consulting with the attorney who filed your H-1B petition.

That being said, in response to your questions, you should extend your H-4 visa if your H-1B is not approved before the H-4 expires. Once your H-1B is approved, & you start working for the petitioner, your status will change from H-4 to H-1B by operation of law. If your H-1B is denied, & you have extended your H-4 visa in a timely manner, then you just remain in H-4 status.

Answered on 8/05/14, 10:39 am

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