H4 extn + new H1? Need info pls ...

[cdnlc]

Gurus,

My wife is in H4 status with I-94 expiring on sept 2, 2004 (same as my H1). She recently got a job offer and teh company wants to file for H1 premium processing soon. She also needs to travel out of the US around july/aug. Our concerns are -

1. If her H1 (premium) is filed next week and is approved by mid may with a start date of Oct 1, 2004; Would this invaildate her current H4?

2. If her H1 is approved by mid may and I file for my H1 (and her H4) extension sometime in july, will it invalidate her new H1?

3. If we choose not to extend her H4 (to prevent H1 invalidation), would she still remain in status from sep 2 thru sep 30 on the basis of her approved H1 petition?

4. Would it make sense to file H1 regular processing instead?

TIA!

 

[ginnu]

Originally posted by cdnlc
Gurus,

My wife is in H4 status with I-94 expiring on sept 2, 2004 (same as my H1). She recently got a job offer and teh company wants to file for H1 premium processing soon. She also needs to travel out of the US around july/aug. Our concerns are -

1. If her H1 (premium) is filed next week and is approved by mid may with a start date of Oct 1, 2004; Would this invaildate her current H4?
---- She need to file Change of status fron H4 to H1, if her COS is approved and she goes out of US then she will need H1B visa stamp from consulate.She will not be on H1 status. But if she enter with H4 visa stamp then she will be on H4 status not on H1b and cannot work on H1. better option is to file her H4 to H1B COS after she visits India and comes back to US.
2. If her H1 is approved by mid may and I file for my H1 (and her H4) extension sometime in july, will it invalidate her new H1?

3. If we choose not to extend her H4 (to prevent H1 invalidation), would she still remain in status from sep 2 thru sep 30 on the basis of her approved H1 petition?

4. Would it make sense to file H1 regular processing instead?
if you file regular H4 to COS it may take 5-7 months for approval notice AND if she goes out of US when COS is pending then her COS will be ABONDNED
TIA!