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H4 extension while having new approved H1 visa

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  • H4 extension while having new approved H1 visa

    Urgent please

    Hi

    I have below situation and looking for a suggestion -

    - I have H1B visa valid till 14 Nov 2014 and I am applying for H1B Extension
    - My wife and daughter are on H4 dependent on my H1 and valid till 14 Nov 2014
    - My wife had applied for H1B visa which is approved(active 01 Oct 2014) and the notice has the approved I 94 until 2017. She has not added anyone as a dependent.

    Q:
    - Strangely, I tried to retrieve her I-94 online, it is still showing old dates as expiring 14 Nov 2014.
    - My wife has not yet got the project. But as her approval notice has I94 printed, does that mean that she is on H1 as on today?
    - While appling for my H1 extension, if I add my wife and daughter as dependent, will there be any problem for my wife's H1B?
    - If I do not add my wife as my dependent and just add my daughter as dependent now, then if needed how can i get H4 for my wife later?
    Last edited by tough9; 10-21-2014, 03:44 PM.

  • #2
    Someone please help with response

    Someone please help with response

    Comment


    • #3
      Originally posted by tough9 View Post
      Urgent please

      Hi

      I have below situation and looking for a suggestion -

      - I have H1B visa valid till 14 Nov 2014 and I am applying for H1B Extension
      - My wife and daughter are on H4 dependent on my H1 and valid till 14 Nov 2014
      - My wife had applied for H1B visa which is approved(active 01 Oct 2014) and the notice has the approved I 94 until 2017. She has not added anyone as a dependent.

      Q:
      - Strangely, I tried to retrieve her I-94 online, it is still showing old dates as expiring 14 Nov 2014.
      - My wife has not yet got the project. But as her approval notice has I94 printed, does that mean that she is on H1 as on today?
      - While appling for my H1 extension, if I add my wife and daughter as dependent, will there be any problem for my wife's H1B?
      - If I do not add my wife as my dependent and just add my daughter as dependent now, then if needed how can i get H4 for my wife later?

      - It takes time to reflect the same.
      - What do you mean no project? What was the project basis on which the H1 was applied in the first place? If she has received the approval notice with a new I94 then she is already in H1 status and she should be working and getting paid by her H1 petitioner if not she is out of status.
      - If you do that your spouse would go back to H4 status. Worst thing is if your spouse is not getting paid currently then she is already out of status and cannot move to H4 without leaving US.
      - First of all determine if your spouse is getting paid or not and if not why not as that determines her valid status.

      This is my opinion not legal advice.

      Comment

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