H4 extension and new H1

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kolhead

New Member
Hello,

I want help in a situation here. I have filed for a new H1B my employer says it willl take atleast couple of months to know if the visa is actually approved. Now , my H4 will be expiring in September 2008.
I have to put in my papers along with my spouces H1 extension. But my employer says not to do that , as it will affect getting the H1. So as per him I will have to wait atleast 2 more months to get my H1B results. So I am left with only two months to put in my H4 extension if I dont get visa.
I wanted to know if two months are sufficient for H4 and I94 extension? Also
do I need to file my extension with my spouse or I can do it later?
And If its ok to go ahead with H4 extension right now along with my spouse

Thanks
 
H4 extension can be filed separate from H1, as long as primary H1 is valid.

And I don't see any problem to file H4 extension right now.
 
You won't fall out of status, even after September 2008, as long as your H-1B petition is pending with USCIS. Wait until your petition is processed. Technically you cannot have two different nonimmigrant status simultaneously so if you file an H-4 extension now without withdrawing your H-1B petition first, you will run a risk of your H-1B petition being considered abandoned. It might be overlooked, but why risking it? If your H-1B was the first one for you and it was for the employment starting October this year, you should get a result way before September 2008. All you have to do in an H-4 extension is to prove that H-1B is still valid, and doesn't require a lot of time to prepare.

On the other hand H-1B extension takes a LONG time to process (unless premium processing is requested). Even if you file an H-4 extension (along with your spouse's H-1B extension) now, you may not know the result before September anyway.
 
kolhead said:
Hello,

I want help in a situation here.
I have filed for a new H1B my employer says it willl take atleast couple of months to know if the visa is actually approved.
Now , my H4 will be expiring in September 2008.

I have to put in my papers along with my spouces H1 extension. But my employer says not to do that , as it will affect getting the H1.
---------employer is wrong you can file your H4 extension with your spouse H1 Extension in the same envelope (you need to sign I-539) and you both will get approvals in same date and you both will get I-94 with same expiry date. your employer cant give you Grantee that your H1 approval will be approved
So as per him I will have to wait atleast 2 more months to get my H1B results. So I am left with only two months to put in my H4 extension if I dont get visa.
I wanted to know if two months are sufficient for H4 and I94 extension?
------------------H4 extension Must reach USCIS before your I-94 gets expired
Also
do I need to file my extension with my spouse or I can do it later?

And If its ok to go ahead with H4 extension right now along with my spouse
---------------- you can file
Thanks
Click to expand...
------------------ did the employer file H4 to H1 change of status or New H1?
 
snugjoint said:
You won't fall out of status, even after September 2008, as long as your H-1B petition is pending with USCIS. Wait until your petition is processed. Technically you cannot have two different nonimmigrant status simultaneously so if you file an H-4 extension now without withdrawing your H-1B petition first, you will run a risk of your H-1B petition being considered abandoned. It might be overlooked, but why risking it? If your H-1B was the first one for you and it was for the employment starting October this year, you should get a result way before September 2008. All you have to do in an H-4 extension is to prove that H-1B is still valid, and doesn't require a lot of time to prepare.

On the other hand H-1B extension takes a LONG time to process (unless premium processing is requested). Even if you file an H-4 extension (along with your spouse's H-1B extension) now, you may not know the result before September anyway.
Click to expand...


Thanks
 
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