H1B approved and H4 still in process

USA H4-EAD
1

Hi
I have applied for H4 and H4EAD(it is still in process ) , as my current H4EAD expires on August 15,2021.
In the meantime I also applied for H1B in cap and my application got approved yesterday. I applied with change of status.
Now I want to Know will I get my I-797 along with I-94
Or will they suggest consular processing ?
I dint receive my approval notice yet so I am little anxious.

2

If you applied with change of status what makes you think USCIS will approve with consular processing?

3

Because my current H4 is expiring on August 15, and H1B will only start on Oct 1.
My attorney is bit confused as my status from August 14 - oct 1 will make them to ask for consular processing.

(In addition I have extended my H4 on February and it is still in process )

4

Once approved, your H4 extension of status application should fill the gap between your current H4 expiry and start of H1B.
USCIS should adjudicate your H4 extension application soon.

This is strange that your attorney is confused :slight_smile: You still have your H4 extension application pending so no reason to be confused.

Just wait patiently for your approval notice for H1B and H4 extension.

5

So there won’t be counselor processing required