H4 to H1 change of status in USA

Filed H4 extension for myself (I-539) and Kid (I-539A) on Jun 2021 because my I-94 valid till Jun-21 and got the receipt notice for both h4 application request.

My H1b application got picked in the lottery system so needs to change status from H4 to H1, so what will happen to my (I-539) and kid (I-539A) H4 extension application?

Kindly advise on priority

Your kid’s H4 application is based on the primary H1B holder’s I797 and will have no impact.

If your H4 application is adjudicated after your H1B is approved (which is more likely to happen due to long processing time for H4 EOS/COS/EAD), USCIS will most probably deny your H4 extension as you will no more be in H4 status on basis of which you applied for the extension.

There is also a chance that USCIS may send you RFE instead of denial at the time of adjudicating your H4 EOS application to prove your H4 status. It is up to you to respond to the RFE with letter explaining that you changed your status to H1B or simply ignore to respond and in either case USCIS will deny your H4.

H-4 extension was filed with principal H-4(i-539) and Kids as co-applicant (i-539A) . Once the status changes into H-1B,
Should I need to withdraw my h4 application?
And automaticlly kids application got withdrawn because filed as a co-applicant?
Please advise

The basis of your & your kid’s H4 is your spouse’s H1B status (Part # 3 in I-539).

The basis of your & your kid’s H4 is your spouse’s H1B status (Part # 3 in I-539) but this information is only in my application, not the kid’s application (I-539A) right? Kindly advise

Correct because I539A is only used for additional H4 applicant. All information not covered in I539A are derived from I-539.
Please consult your attorney if you have any further doubts.

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