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.
----- your mistake you should have filed her H4 extension with your H1 extension.
My employer says that I cannot file her H4 extension until I get my H-1B approval.
-------- if you have got your H1 Ext filing receipt then she can file H4 extension with copy of your H1 extension filing receipt but USCIS may ask copy of your H1 approval notice. Upgrade your H1 extension with premium process and you may get your H1 approval in 20-25 days from the date USCIS gets premium process request with Fee. once you get your H1 extension approval notice then file her H4 extension
One company is ready to file for my wife's H-1B in April 2011. They are asking to provide H4 extension file no.
-----what is H4 extension file no? they only need copy of her H4 based I-94 and copy of her passport and education Certificates and Exp letters
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.
----- you can do that and that will be H4 to H1 transfer and she can only start working after her H1 gets approved and start date will be October. FYI at this time they are rejecting many H4 to H1 change of status or ask lot of documents from employer or sending long RFE. Dont pay for H1 and if it is Desi company dont file through them. Why they cant file Fresh H1 for her?
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 are mixing H4 to H1 Change of status filing and at the same time asking for H4 extension filing. Be clear what she want to do.
If she wants to be on H4 status then get your H1 ext approved through premium process and then file her H4 extension Before her H4 based I-94 gets expired
.