strange situation and need help

V

vaswamy

Registered Users (C)
My friend's wife is currently on H4.

In 11/04: She has applied for new H1 and it is still being processed.

In 03/05: My friend's H1 is going to get expired and he needs to renew it. At the same time his wife's H4 will also get expired and he has to renew that too, to stay in USA, but if he tries to renew his wife's H4 what will happen to her new H1 application which is still being processed by INS? Will INS question about this application as a single person can not posses two types of visas? (if her new H1 comes by 03/05 that would be great otherwise she doesn't know what else to do).

Any advice is appreciated.

Thanks a lot.
 
vaswamy said:
My friend's wife is currently on H4.

In 11/04: She has applied for new H1 and it is still being processed.
----- she can file the premium processing if she got her H1 filing reciept, attach the reciept and pay the fees ,request for Premium processing and she will get results in 15-20 days
In 03/05: My friend's H1 is going to get expired and he needs to renew it. At the same time his wife's H4 will also get expired and he has to renew that too, to stay in USA, but if he tries to renew his wife's H4 what will happen to her new H1 application which is still being processed by INS?
---- If H1 is approved earlier then 03/05 then she will be H1 status if it was filed as CHANGE of Status from H4to H1
If she files H4 extension after H1 approval then she will be on H4 and she needs to file again H1 to H4, you need to discuss with your lawyer
Will INS question about this application as a single person can not posses two types of visas?
--YES, but the latest approval will rule and you need to discuss with your lawyer or her H1 should be processed with Premium processing so that she gets result in 15-20 days
(if her new H1 comes by 03/05 that would be great otherwise she doesn't know what else to do).

Any advice is appreciated.

Thanks a lot.
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