Can H4 apply for H1B after I-94 has expired but eligible to stay for 240 days in USA?

Hi Anil/Team,

I am posting this query on my friend’s behalf:

She is on H4 Visa and her I-94 has Expired today (still she is eligible to stay in USA for 240 days as She applied for H4 Extension)
Now, she is planning to apply H1B through one of the Company.

Is it valid to apply for H1B as her I-94 has expired but eligible to stay for 240 days in USA?

Please suggest here.

H4 Can apply for H1B

H4 visa holder can apply for H1B after i94 expiry.

But, the H1B will not be activated until it is approved.

Since, you are filing H1B after i94 expiry, the H1B, if approved, will be approved with consular processing.

Is it valid to apply for H1B as her I-94 has expired but eligible to stay for 240 days in USA?

Yes, you can stay in USA if your have filed your H4 extension before i94 expiry irrespective of whether you file H1B or not.