Does time spent on H4 (Receipt - as these days it takes 3-4 months for Approval) counts towards H1 6 years limit?
I’m on H1-B status expiring on 30th September 2018 (6th year) and my I-94 is valid till 10th Oct 2018… say I apply for H4 on 7th Sep and get my receipt to have my H4 started from 12th Sep ( H4 complete approval takes 3-4 months ).
Q. On being on my H4 receipt starting 12th Sep - are my pending H1-B Visa days still preserved under H1-B OR are they counted towards my H1-B Visa clock?
Want to ensure H1-B Visa is not fully consumed in this scenario.
File H4 Change of Status to save H1B time before 6 year completion
The H4 Change of Status application does not change your status to H4 until it has been approved by USCIS.
The receipt date does not matter.
Till the time, H4 COS is not granted, your status remains H1B unless you leave the job, which would make you ‘out of status’.
So, in your case, you will be using all your H1B time as you are too late to file for H4 COS now.
Go out of US and get H4 stamped in US embassy
The fastest and easiest solution for you is to go out of US. This way, you immediately save H1B time from the day you go out.
Then, get your H4 stamped in US embassy and come back to USA.