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H1b is in process, should i withdraw my h4

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  • m28
    replied
    I have paid for H1. I have question on you suggested to wait till 15/20 Sep-2014 for H1.

    1. What if there is no approval by September, then i would not be able to get H4 visa extension in 15 days ? So ultimately i need to leave US ?

    2. I am confused to choose any of below options - please suggest

    a. File H4 extension now along with my Husband H1 and wait for it along with my H1
    b. As soon as H1 is approved, I will ask my husband's company to cancel H4 processing (is it possible ?)
    c. Wait for approval on H1 petition (Expecting by august) and dont file my H4.
    d. If i choose option "b" - Do i risk running out of status ? i guess not - Please suggest
    H4 Visa exp date: 30th, Sep 2014


    Please suggest, i really really need some advise here.



    Originally posted by raghvi View Post
    I am assuming your H1 was applied as COS.

    Its sort of a catch-22. If you dont apply for extension before 30-Sep-2014 and H1 approval doesnt come before 30-Sep-2014 then you risk going out of status from 01-Oct-2014. If you apply H4 extension before 30-Sep-2014, then if even if H1 approval comes before 30-Sep-2014, then assuming H4 extension comes post 01-Oct-2014 you end up being on H4 again and would need to file a H4 to H1 COS.

    Ideally, seeing this you should have applied COS to H1 in premium processing.

    I would say you wait till 15/20-Sep-204 for H1 approval to come. If it co no need to do anything as you would automatically move to H1 from 01-Oct-2014. If it doesnt then go ahead file the H4 extension, do not join the H1 employer on 01-Oct-2014 and and later on once H4 extension comes file a H4 to H1 COS.

    The only other way would be to leave US and return on H1 visa stamping.

    Also, I am hoping you are not amongst those who have paid for their H1 and that you dont see a potential project/pay problem from 01-Oct-2014.

    This is my opinion not legal advice.

    Leave a comment:


  • raghvi
    replied
    Originally posted by m28 View Post
    hi,

    Im currently in us on H4 visa, which will expire on Sep30,2014. My I94 expiry date is also mentioned as Sep30,2014
    Also, I have filed my H1b this year and it is in the process.
    Now, my husband is going to file my H4 extension.
    My question is that i feel the H1b petitions het approved by august second week, however the H4 extension will come sometime in august last week or september first week (ie after my h1b gets approved).
    In this case I will need a COS from the new status H4 (because extension came late) to h1b.
    Is there a way, where i can bypass the process of COS? can i withdraw my h4 visa extension? or is there any other way out of this?

    kindly provide your feedback
    thanks
    m28
    I am assuming your H1 was applied as COS.

    Its sort of a catch-22. If you dont apply for extension before 30-Sep-2014 and H1 approval doesnt come before 30-Sep-2014 then you risk going out of status from 01-Oct-2014. If you apply H4 extension before 30-Sep-2014, then if even if H1 approval comes before 30-Sep-2014, then assuming H4 extension comes post 01-Oct-2014 you end up being on H4 again and would need to file a H4 to H1 COS.

    Ideally, seeing this you should have applied COS to H1 in premium processing.

    I would say you wait till 15/20-Sep-204 for H1 approval to come. If it comes no need to do anything as you would automatically move to H1 from 01-Oct-2014. If it doesnt then go ahead file the H4 extension, do not join the H1 employer on 01-Oct-2014 and and later on once H4 extension comes file a H4 to H1 COS.

    The only other way would be to leave US and return on H1 visa stamping.

    Also, I am hoping you are not amongst those who have paid for their H1 and that you dont see a potential project/pay problem from 01-Oct-2014.

    This is my opinion not legal advice.

    Leave a comment:


  • m28
    started a topic H1b is in process, should i withdraw my h4

    H1b is in process, should i withdraw my h4

    hi,

    Im currently in us on H4 visa, which will expire on Sep30,2014. My I94 expiry date is also mentioned as Sep30,2014
    Also, I have filed my H1b this year and it is in the process.
    Now, my husband is going to file my H4 extension.
    My question is that i feel the H1b petitions het approved by august second week, however the H4 extension will come sometime in august last week or september first week (ie after my h1b gets approved).
    In this case I will need a COS from the new status H4 (because extension came late) to h1b.
    Is there a way, where i can bypass the process of COS? can i withdraw my h4 visa extension? or is there any other way out of this?

    kindly provide your feedback
    thanks
    m28
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