My H-4 status expires in June, so I filed an H-4 extension. I was also selected in the lottery, and my employer is requesting an October 1st start date for my H1B change-of-status petition. Will the pending H-4 extension impact my H1B case?

Answer

The fact that both the H-4 extension and the H1B change of status are pending at the same time is not really an issue. But, given the lengthy processing times for H-4 extensions, it is entirely possible that the H-4 application will still be pending well beyond October 1st. In a situation like this, even with the H-4 extension pending, the USCIS has the discretion to approve the H1B petition as a change of status. Oftentimes, however, the USCIS will only approve the case for consular notification (i.e., approve the petition, but without an I-94), or indicate that the status request cannot be approved until and unless the H-4 extension is approved.

These situations can get complicated, so it may be advisable to consult with an attorney to devise a strategy based on your specific fact-pattern. (13.Apr.2022)

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