H1B premium processing. VISA status effective date

[somik 0]

Hi All,

I am in USA now on H4 Visa as a dependant of my husband who is on H1B. I am going to process my H1B Visa via a consultancy firm in premium mode. Since this process starts in April '13, lets assume i receive a response by May'13 if the Visa is approved or not.

My queries are as follows -

> if USCIS says that H1B is approved with COS, i recieve a new I94, does it mean that my status will be H1B effective immidiately? or it will be effective from Oct'12 always?

> How does USCIS respond for premium H1B cases?

If you want to know why i am concerned about this date - because my husband's H1B/ my H4 will expire on Aug'13. So i need to be on a valid 'STATUS' before that time.

Regards,

Rajneeta

[Boiler 45,314]

Not sure what premium processing would gain in this situation. You can not start work until October.

[ca_babe 129]

Hi All,

I am in USA now on H4 Visa as a dependant of my husband who is on H1B. I am going to process my H1B Visa via a consultancy firm in premium mode. Since this process starts in April '13, lets assume i receive a response by May'13 if the Visa is approved or not.

My queries are as follows -

> if USCIS says that H1B is approved with COS, i recieve a new I94, does it mean that my status will be H1B effective immidiately? or it will be effective from Oct'12 always?

> How does USCIS respond for premium H1B cases?

If you want to know why i am concerned about this date - because my husband's H1B/ my H4 will expire on Aug'13. So i need to be on a valid 'STATUS' before that time.

Regards,

Rajneeta

It looks like in order for you to be out of status prior Oct. 1, 2013, your current visa must have expired prior Oct. 1, 2012 which isn't the case.

http://www.mj-law.com/corporate_immigration/H1B_visa_FY2013.php

Filing for first-time H-1B status for an employee already living in The United States:

If the employer is filing an H-1B for an employee who is already in a non-immigrant status (like, J1, F1, TN, O, P, etc.), it is important to know that the H-1B status becomes valid until October 1st, 2012. It is imperative that the employee's expiration date of their current non-immigrant status doesn't take place before October 1st, 2011. Otherwise, the employee will have to change their status to another non-immigrant status while waiting for the H-1B to become valid, or travel to their country of origin and have their visa issued at their US Consulate or Embassy.