H4 To H1 transfer with H4 extension yet to be filed

[Niteshtiwari11]

Hi, My H-1B and my wife's H-4 are expiring on 24th July 2011. I have filed for my H-1B extension on 31st January but due to some reason I could not file for my wife's H4 extension. My employer says that I cannot file her H4 extension until I get my H-1B approval.

One company is ready to file for my wife's H-1B in April 2011. They are asking to provide H4 extension file no. while applying for H-1B. I will file her H4 extension once I get my H-1B approval.

As my H-1B approval might take longer time and I don't expect approval to come before April, can I ask the company to file her H-1B in April using her existing H-4 VISA details? This particular VISA is valid till 24th July'2011.

Would there be any issues in applying for my wife's H-1B without H4 extension file no.?
What is the best way to avoid any kind of issues while applying for H-1B and also H4 extension?

 

[ginnu]

Hi, My H-1B and my wife's H-4 are expiring on 24th July 2011.
I have filed for my H-1B extension on 31st January but due to some reason I could not file for my wife's H4 extension.
My employer says that I cannot file her H4 extension until I get my H-1B approval.

One company is ready to file for my wife's H-1B in April 2011.
-----If the company file her H1 and H1 gets approved then she can start work on H1 after October 2011. Till that date what will be her status if She does not file her H4 Extension?
They are asking to provide H4 extension file no.
-----What is H4 extension file no????
while applying for H-1B. I will file her H4 extension once I get my H-1B approval.

As my H-1B approval might take longer time and I don't expect approval to come before April, can I ask the company to file her H-1B in April using her existing H-4 VISA details?

This particular VISA is valid till 24th July'2011.

Would there be any issues in applying for my wife's H-1B without H4 extension file no.?
What is the best way to avoid any kind of issues while applying for H-1B and also H4 extension?

You did a mistake not filing her H4 extension with your H1.
If you file her H4 extension with your H1 Extension filing reciept then USCIS may send RFE to prove spouse H1 status.
Best option: Upgrade your pending H1 through Premium process by paying extra fee(employer may not pay that fees) and you may get your H1 extension approval in 20-25 days from the date you request USCIS to process your H1 through Premium Process. once you get your H1 Extension approval notice then file her H4 extension.
***for more info talk to your or your Company lawyer. Your Employer may give you wrong advice.