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H1 approved and h4 pending and filed for h1 1month after expiry

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chsru

Junior Member
What is the name of your state (only U.S. law)?
NewJersey
Hi,

Below are my Visa Details
We file in the following order

H1b Receipt Date : Jun 30 2011
H4 Expiration Date: Sep 27 2011 ___________I'm having approximately 138 days of gap from h4 expiry to h1 approval
H4 Receipt Date : Nov 04 2011 -------------------I'm having 37 days gap from h4 expiry to h4 filing receipt date
H1b Approval Date : Feb 13 2012

H1b Approved for 1 year from Feb 13 2012 to Feb 12 2013
I-94 : Feb 13 2012 to Feb 12 2013

H4 Status: Initial Review
My Husband's H1 ext got an RFE on Feb 02 2012 and he filed his extension on 27 Sep 2011

Can i go ahead and work on H1?
If i go with H1 what is my status from SEP 28 2011 to FEB 12 2012? (will i be out of status)
Do i have to revoke my H4ext or wait until h4 is approved?
If i apply for COS from h4 to H1 Will i be in status or what are issues ?

Or what else can be done?
Please advise
 
Last edited:



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