H4 filed in NPT and H1 upgraded to premium

Hello, I have stamped visa till June 2021 but my I-94 expiry was in March 2021 matching my passport expiry date which we observed when preparing for extension of H1 and H4 in May. Now extension has been filed in first week of June where my H4 is filed in NPT. My 180 days from I-94 date will complete on Sep 2021. We are thinking to upgrade my husband’s H1 extension to premium, will this help in my H4 NPT case to be processed in premium timeline?

H4 is no more getting processed with premium processing for H1B.

I guess it was happening due to biometric requirements for H4 but now it has been suspended so will that not reduce the processing time for H4 if H1 is upgraded to premium?

It should reduce processing time but we have not heard of any case with expedited processing yet. It may take upto 6 months to clear the backlog and then gauge the trend.

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Thank you for your response Anil, so I am not allowed to stay legally even if my Husband’s H1 gets approved before my 180 days time period? Is there any other way like converting to B2 or something which can be tried to avoid my travel back?

Usually, the H4 NPT is approved without any issues.

But, to not take any chances, most attorneys suggest to leave the US before 180 day mark.

Filing any other visa type is not going to help either as it would also be required to filed as NPT.

I have 2 little US citizen kids so I am concerned to travel right now due to Covid In India and its really hard for me to travel all alone with them. Is there any way we can request to avoid travel because of US born kids?