H1B application pending - can you apply for H4 extension ?

kmaddula

Registered Users (C)
Hi
I am presently on H4 visa which expires this June 30th 2009. I also applied for H1 B in april 2009 and status of which is pending. Can I apply for H4 status extension based on my husbands H1 B ?
Thanks
 
Hi
I am presently on H4 visa which expires this June 30th 2009. I also applied for H1 B in april 2009 and status of which is pending. Can I apply for H4 status extension based on my husbands H1 B ?
Thanks
you can apply H4 extension based on your husbands H1 B.Extension must reach USCIS before H4 based I-94 gets expired.

you did not post if employer/lawyer filed your H1 as H4 to H1 Change of status or Fresh H1.
 
Hi ginnu

Thankyou for the reply.
My H1B application is fresh / first time, as I recently arrived in US. An employer filed H1 B for me.
My husband`s H1B is academic i.e., through university. His H1 B is also expiring this June 30th 2009. He is applying an extension of his H1 B through the university. So, I am thinking of sending extension of my H4 (I539) along with my husband H1 B extension this week.
Thanks
 
Hi Ginnu
I guess I didnt understand your question, I think my employer applied change of status H4 to H1.
Thanks
 
Hi ginnu

Thankyou for the reply.
My H1B application is fresh / first time, as I recently arrived in US. An employer filed H1 B for me.
My husband`s H1B is academic i.e., through university. His H1 B is also expiring this June 30th 2009. He is applying an extension of his H1 B through the university. So, I am thinking of sending extension of my H4 (I539) along with my husband H1 B extension this week.
Thanks

you can send your H4 extension (I-539=Copy of valid I-95 front and back)with your husband H1 B extension papers so that lawyer send them in same envelope and both can be approved same day.
 
Hi Ginnu
I guess I didnt understand your question, I think my employer applied change of status H4 to H1.
Thanks

you should ask your employer or his lawyer if filed Fresh H1 or Change of status from H4 to H1.

Better send your H4 extension with your husband H1 extension papers so that you remain on valid status. I don’t know about your employer who filed H1 but at this time many on H1 are facing problems to get job. Many filed H4 to H1 change of status but the employer could not find job for them and they became out of status on H1 and they again departed US got H4 visa and came to US as they could not file H1 to H4 change of status in US as they were out of status.
 
Thankyou very much for the reply Ginnu.
I enquired my employer he said he did change of status H4 to H1 for me as I am already here in US. I am also making arrangements to send I539 along with valid I-94 (valid till June 30th, 2009) in same packet of my husbands H1B extension packet. I guess I should be fine if USCIS receives my application before June 30th.
You are right about the H1B, I heard many of them are going out of status bacause of job loss. But I applied in hurry to meet the April deadline. But now it seems there are more H1Bs left for 2010. I have to see if I can find a job in october if my H1B is approved by then.
 
Thankyou very much for the reply Ginnu.
I enquired my employer he said he did change of status H4 to H1 for me as I am already here in US. I am also making arrangements to send I539 along with valid I-94 (valid till June 30th, 2009) in same packet of my husbands H1B extension packet.
---------------I think your husband H1 is filed by his company lawyer, let the lawyer fillup your I-539 (you have to Sign) and attach Copy of your I-94 (front and back) pay the H4 extension Fee to USCIS.

I guess I should be fine if USCIS receives my application before June 30th.
You are right about the H1B, I heard many of them are going out of status bacause of job loss. But I applied in hurry to meet the April deadline. But now it seems there are more H1Bs left for 2010. I have to see if I can find a job in october if my H1B is approved by then.
--------------------
 
Thank you Ginnu
I did the same as you suggested with 300$ extension fee, my husband`s company lawyer is sending in the complete packet tomorrow by FEDEX.
Thanks again for your suggestions.
 
Thanks Ginnu
I got the receipt notice to my I539 H4 extension yesterday. Even my husband got his H1B extension receipt notice. I think we both are ok to stay past our june 30th 2009 expiry date.
 
Top