Urgent situation, would h1 be revoked??

V

visaseeker03

Registered Users (C)
Hello All,
here are my case details, please help me.
- I am on a H1 visa and my H1 visa and I-94 are expiring on Sep 30th 2007.
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007.
- A contracting agency had filed for her H1 visa and she received her H1 approval notice with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- My employer has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.

I am hearing from some people in the forum that since here H4 visa extension is filed, this would cause her H1 to be revoked. Can you please suggest me what would happen in the case as she wants to work for sometime. If its going to be a problem, what are the alternative steps i can take.

Regards
Visa seeker
 
H-1 & H-4

Hello,
Please ask your company to cancel your wifes application.
Do this before her H-4 gets approved else her H-1 will be canceled.
And for I-94,the bottom of I-797 apporval should be teh I-94. Even if teh number is same as previous, the validity changes.

Good Luck!

( Why did you fiel for her H-4 extension when H-1 was already appoved????!!!??)
 
visaseeker03 said:
Hello All,
here are my case details, please help me.
- I am on a H1 visa and my H1 visa and I-94 are expiring on Sep 30th 2007.
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007.
- A contracting agency had filed for her H1 visa and she received her H1 approval notice with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- My employer has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.

I am hearing from some people in the forum that since here H4 visa extension is filed, this would cause her H1 to be revoked.
--------------------wrong info, she did not get I-94 with her H1 approval notice and it was not COS
Can you please suggest me what would happen in the case as she wants to work for sometime.
------She needs to enter on H1 status and her I-94 should be H1 status to work
If its going to be a problem, what are the alternative steps i can take.
-----------------She should go out and get H1 stamp and enter on H1 status if she wants to work on H1 status
Regards
Visa seeker
Click to expand...
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Ginnu, Thanks a lot for your reply.

* So does it mean that filing of my wife's H4 visa extension would not cause any revocation or cancelling of her approved H1 petition?
* Our plan is that she continue on her H4 status for sometime and start working from Dec/Jan. Would it be possible to file for an amendment petition to start working or do she need to get her H1 visa stamp to start working.
 
visaseeker03 said:
Ginnu, Thanks a lot for your reply.

* So does it mean that filing of my wife's H4 visa extension would not cause any revocation or cancelling of her approved H1 petition?
---NO, her H1 petition is filed by US employer

* Our plan is that she continue on her H4 status for sometime and start working from Dec/Jan.
---------------------then in December/jan she needs to enter on H1 status

Would it be possible to file for an amendment petition to start working
------------talk to her company or company lawyer only they can do it
or
do she need to get her H1 visa stamp to start working
------- she needs to have I-94 based on H1 status to work and to get I-94 based on H1 she needs to get H1 stamp then enter on H1 status.
.
Click to expand...
FYI ask the employer if they will have job for her in Dec/Jan and will pay her if she enter on H1 status and employer does not pay her then she will be out of status. many who are on H4 get H1 and then if employer dont have job and does not pay they go out of status.
 
Ginnu, Thanks for your reply. It gives me more clearer picture. But would like to clear all my doubts and use the best path so that she legally be in status in US and start working in US from Nov without need to exit US and get stamping.

* Consultant ABC employs me and same consultancy ABC holds her approved H1 petition. My H1 extn and her H4 extn were filed concurrently in July 2007 end and both have received receipts of applications. Now would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1?
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, we would have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval.
* Can the employer file for I-129 to amend the status of stay from H4 visa to H1 visa?
 
visaseeker03 said:
Ginnu, Thanks for your reply. It gives me more clearer picture. B
ut would like to clear all my doubts and use the best path so that she legally be in status in US and start working in US from Nov without need to exit US and get stamping.
------------ to clear all your doubts make the list of your questions and go to comany lawyer
Click to expand...
 
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