Originally posted by saigc
you are still in h1 and you can extend your h1.
its your employers mistake to file h4 extension for your wife. once she starts using ead she is no longer in h4. remember that uscis may not know if your wife started using her ead unless it sees the w2 or checks with irs. even if uscis approves your h4 it may not be valid and dont count on that petition.
incase she needs to revert back to h4 then she can go out of country and get h4 visa based on your new h1 and enter again as h4. she cannot change to h4 after using her ead within usa. even if the h4 petitiion is approved she may not get extension of status. so in which case she may have to exit and enter again. be cautious. this may be a problem later.
Originally posted by saigc
you are still in h1 and you can extend your h1.
its your employers mistake to file h4 extension for your wife. once she starts using ead she is no longer in h4. remember that uscis may not know if your wife started using her ead unless it sees the w2 or checks with irs. even if uscis approves your h4 it may not be valid and dont count on that petition.
incase she needs to revert back to h4 then she can go out of country and get h4 visa based on your new h1 and enter again as h4. she cannot change to h4 after using her ead within usa. even if the h4 petitiion is approved she may not get extension of status. so in which case she may have to exit and enter again. be cautious. this may be a problem later.