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I have my H4 VISA to H1B VISA Change of Status pending with…

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Hi, My name is***** have my...
Hi,
My name is***** have my H4 VISA to H1B VISA Change of Status pending with USCIS.
But my I-94 is expired and am planning to extend it.
Please let me know if i can go ahead and do it or will it affect my H1B petition.
Submitted: 8 months ago.Category: Immigration Law
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Answered in 3 hours by:
11/13/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,791
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

If you already submitted a change of status from H4 to H1B, then you are in a temporary legal status in the US and it is not necessary for you to extend your H4 status . If you submit an application for extension of status for the H4 status while the COS is pending, you will be asked to prove that you are in valid H4 status right now through RFE. You no longer are in valid H4 status now because the I-94 is expired so you will not be able to prove this and it will be denied. The temporary legal status is not the same thing.

Good luck to you and I hope this answer has helped you.

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

Hello, did you get my response ok?

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Customer reply replied 8 months ago
Thanks Jen.
Sorry but still would need your help in clarifying my below questions.
1.I just got to know that my spouse's employer has actually applied for my I-94 extension - I539 form for extension of stay on my H4 Visa and it is in currently pending status. My Spouse's employer is not aware of my pending H1B.
Now we are confused. Shall we withdraw the petition for extension of stay as i am not legally on my H4 because of a pending COS?
2. Since my I-94 has expired, If my H1b petition is denied, what would be my status?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

1. You are legally on H4 if the extension was submitted before your I-94 expired.

2. If your I-539 was submitted BEFORE your I-94 expired then, even if your H1B petition is denied, you can still be on H4 status.

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