H4 Expiring and H1b Awaiting

[taruny]

I have a situation.

My wife came to USA on H4 visa and her visa is expiring on September 30 2010.

She have applied for H1b but awaiting response.

Do we still have to apply an extension for her H4 or she can stay in the USA, until we hear back about her H1b decision and later if her H1b is denied then file for H4 extension?

Thanks

 

[ginnu]

I have a situation.

My wife came to USA on H4 visa and her visa is expiring on September 30 2010.
----------------- It means you are on H1 status. Her H4 Visa stamp will expire or her I-94 will expire September 30 2010??.
She have applied for H1b but awaiting response.
--did her employer filed H4 to H1 Change of status? ask her employer or lawyer who filed.

Do we still have to apply an extension for her H4 or she can stay in the USA, until we hear back about her H1b decision and later if her H1b is denied then file for H4 extension?
------------- if her H1 is filed as change of status and H1 gets denied then she cant stay in US and she cant file H4 extension after H1 is denied. FYI at this time USCIS is rejecting many H1 or asks lot of documents from employer for H1. even if she gets H1 you dont know if I-94 will be attached to H1 approval notice.employer who filed H1 must pay her after H1 approval and if no pay or no job she will be out of status. I have seen many cases filing H4 to H1 COS and then no job and then going out of US and again coming on H4 status.
To be safe I will file H4 extension Before her I-94 gets expired and H4 extension must reach USCIS before her H4 based I-94 gets expired. for more info talk to your lawyer.
Thanks

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