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H1b processing & H4 extension together

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  • H1b processing & H4 extension together

    Hi,



    My H1B visa & my spouse H4 visa validities are till september 30th, 2014.

    This year, my wife has applied for H1B visa and wanted to work from Mar/Apr 2015 (She wanted to have some delay till Mar/Apr 2015 due to the expected child birth )

    Currently her H1B petition is in processing (RFE state) so, before applying for H4 extension for my wife, Could you please clarify us the following queries:

    a. Will it be legally fine to apply for H4 extension, when her H1B visa approval is still in progress ?

    b. If her H4 VISA is approved first and then if she gets H1B Visa approved, what would be the impact and what will be her final status ? I mean does the COS turns to H1B automatically once it is approved ? i.e Generally does the employer also file the COS while applying for H1B

    c. If her H1 visa is approved first and then if she gets H4 visa approved, what would be the impact and what will be her final status ? Can she be eligible to work ? Can she apply for the COS(change of status) from H4 to H1 in Mar/Apr 2015 ? How much time does this COS from H4 to H1 takes ?

    d. Does she need to go back to india for stamping for COS to h1 from h4 ?

    Please let me know your recommended way for my query

  • #2
    H1b processing & H4 extension together

    If the employer submitted H1 as a COS, once it is approved, her status will change automatically from the petition approval start date.

    Whatever the final action on all your petitions to USCIS will be considered as the "status" as per last action rule and it's always better to avoid multiple petitions to USCIS.

    I would recommend to upgrade to premium and get the result in 15 days. It will be easy to act based on the decision. It will be more useful if you are very sure about the employer and the justification that they provide to clear RFE.

    This is my opinion

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