H4 to H1 COS when H4 extension is pending

[kushalkilari (Kushala Kumar Kilari Rajagopal)]

Current situation: I have H4 approved till Jan 2022. Spouse employer about to file(in another 10 days or so) H1 ext+H4 ext+ EAD(first time) in premium .
Now I am getting (interview under progress)a job offer who is ready to sponsor H4 to H1 COS.
Question:

1. What happens if we file H1 COS when H4 extension is pending? Will I get RFE for H1?
2. What’s my status if H4 gets approved after H1 COS is approved? What should I do in this situation?

[Kalpesh_Dalwadi]

@kushalkilari

What happens if we file H1 COS when H4 extension is pending? Will I get RFE for H1?

USCIS will want to see your approved H4 status before they can adjudicate H4 to H1B COS.

@kushalkilari

What’s my status if H4 gets approved after H1 COS is approved? What should I do in this situation?

You can do premium processing for H1B with COS so that your H1B can be approved before your H4 expires in Jan 2022. Meanwhile if you have already applied for H4 extension, you can request USCIS to withdraw your H4 extension once H1B with COS is approved.