Can I file to extend H4 visa when H4 ends before October 1 and H1 is still pending?

Question: I am currently on H4 which expires September 30. I have filed a H1 in this year’s quota. My H4 extension is also pending. I do not want to extend the H4 if the H1 gets approved.

Answer: I recommend that you convert the H1B petition to premium processing so you get a response before 9/30. After the H1 is approved, you should withdraw the H4 extension that you have filed.

 

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