Urgent help needed on H1 Validity

S

Sumi_01

Registered Users (C)
Hi,
This is my case. My wife came here on H4 in Feb,01. My employer applied for her H1 and got it approved in June,01. Her new I-94 says it is valid till 2004. But she could not find a job till today.My current H1 as well as her old H4 is valid only till next month. Now my employer has asked us to renew my H1 as well as her old H4. I learned from my attorney that if we renew her old H4 then her H1 will become void and she\'ll lose her work authorization. At present she has got some interviews coming in the next month and we can not afford to lose her H1 status.
Que1: Will she be out of status if her old H4 expires and she remain jobless till then?
 
Your wife is currently on H1

Your wife\'s H4 became void when she got her H1-B approval. So she right now is essentially on a H1-B visa. She has been on bench since she got her H1-B. Was the employer paying her while she was on bench?

There are only a certain number of days for which a person with a H1-B visa can be on bench. After that period that person goes \'Out of status\'.

If I understand it right, your wife will loose her H1-B when your attorney files for your and your wife\'s extension and the extension gets approved. I think it is a better option as that would put your wife back in status(If she ever was out of status)

Your wife can either be on an H1 visa or on an H4 visa; not both.

Tim
 
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