Time for H1B extension

D

dgselva

Registered Users (C)
Friends,

My current H1B and I 94 expires on OCT 28,2004.
My company lawyer told that he would be filing my H1 extension by the first of Aug (01 Aug 2004).

1) Will I get my extension papers before the expiration of my current H1B, My Employer is in NY.

2) I did not send papers of my wife (She is in INDIA for Knee operation).
How can I get her extension papers for H4?

Please let me know the informations.

Thanks
 
1) Will I get my extension papers before the expiration of my current H1B, My Employer is in NY.
==> You may or may not get it, its going to be too close to predict. But even if you do not get the extension in time, you can continue working on H1, the basis of the filing receipt.

2) I did not send papers of my wife (She is in INDIA for Knee operation). How can I get her extension papers for H4?

==> If she will be coming back before Oct 28th, then you should ask your lawyer to file for her H4 extension along with your H1.(This is important, H1 extension does not automaticallt mean H4 extension, so do mention to your lawyer to extend her H4 also).
On the other hand, if she is coming back after Oct 28th, she will have to wait for your approval. After you get the approval she can get H4 stamped in her home country by showing your approval.
 
I dont think one can extend H4 unless the person is in the US. When the person is out of the US, then the question of status does not arise at all (except short trips to Canada etc).
 
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