H4 to H1 Conversion Issue

FI_CT

New Member
I am currently on H1 visa status and my wife is on H4 as my dependent. I am nearing my first 3 yrs of H1 and my current H1 is expiring on 10th Sep and I am already in process of filing my H1 extension. Also I applied my wife as my dependent for this H1 extension.

Also we applied for my wife's H1. Provided my wife's H1 get approved and also I get H1 extension for me and my wife as my dependent, which visa status will be valid for her?

What is recommended at this point? Should I remove my wife as my dependent from my H1 extension since we already filed seperate H1 for her? If so what will be her visa status from 10 Sep to Oct 1 since I believe her H4 status will be invalid after 10 Sep? I am assuming that H1 for my wife takes in effect from Oct 1.

Finally we want my wife on H1 and I want to extend my H1 status. Please advice.

Thanks in advance.
FI_CT
 
To cover up Sep 10 to Oct 1, you must first extend your H4 , simultaneously you can transfer your H4 to H1 too.

FI_CT said:
I am currently on H1 visa status and my wife is on H4 as my dependent. I am nearing my first 3 yrs of H1 and my current H1 is expiring on 10th Sep and I am already in process of filing my H1 extension. Also I applied my wife as my dependent for this H1 extension.

Also we applied for my wife's H1. Provided my wife's H1 get approved and also I get H1 extension for me and my wife as my dependent, which visa status will be valid for her?

What is recommended at this point? Should I remove my wife as my dependent from my H1 extension since we already filed seperate H1 for her? If so what will be her visa status from 10 Sep to Oct 1 since I believe her H4 status will be invalid after 10 Sep? I am assuming that H1 for my wife takes in effect from Oct 1.

Finally we want my wife on H1 and I want to extend my H1 status. Please advice.

Thanks in advance.
FI_CT
 
Same Issue here..

Hi FI_CT,

What did you do.. can you please post more on this..

I am having same situation here...
I am nearing my 6 years instead of your 3 years and my H1 and My wife's H4 is expiring on Sep 16th 2006.
I have filed my wife's H1 from my company on April 29th 2006 and I got RFE on this application now.

Hello great guru,

You said can file both H4 and H1 simultaneously, Can you please provide me more details on this like and document source on USCIS websites or other documents..

My company HR said, the newly filed application( Planning to file H4 extension) will take over existing H1 application that was file on April 29th..but they are not sure about this..they will talk to attrney about this also..

Thanks,
Mahey
 
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