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H4 visa expiring on 30-Sep-2015. Applied for H1B 2016.Should I apply for H4 extension

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  • H4 visa expiring on 30-Sep-2015. Applied for H1B 2016.Should I apply for H4 extension

    Situation :

    I am currently in US on H4 visa which expies on 30-Sep-2015. I have applied for 2016 H1B visa lottery thru another consultant. My husband has been asked to file his H1B extension just now in April 2015 by his employer.

    Questions :

    1) Should I apply for my H4 extension along with my husband's H1 extension right now ?

    The employer thru whom I have applied H1 is asking me to wait till I get a lottery decision & only apply for my H4 extension separately if I dont get picked in lottery. Is this the right way of doing it ? Even if I get lottery , wont I be out of status for 1 day i.e 30th Sep 2015 ?

    2) If we apply for my H4 extension just now along with my husband's H1B extension , and also make the lottery , then in that case what will be my future course of action ? Say I get H4 before H1 OR if I get H1 before H4 (please let me know in both scenarios)

    I am confused because H4 expiry date is 30-Sep-2015 and i dont want to be out of status.

    Anticipating an early answer.

  • #2
    H4 visa expiring on 30-Sep-2015. Applied for H1B 2016.Should I apply for H4 extension

    What is your I 94 expiry date?

    Comment


    • #3
      Originally posted by kadkhiq81 View Post
      What is your I 94 expiry date?
      I-94 expiry date is also 30-Sep-2015

      Comment


      • #4
        H4 visa expiring on 30-Sep-2015. Applied for H1B 2016.Should I apply for H4 extension

        Alright, I feel last action rule will play a role in your situation.

        I would suggest your husband to wait for your H1 lottery result and then apply his H1 extension in premium mode around June-and he would get his petition result in 15 days. Your H4 petition may get result along with your husband petition as well. if that happens, H4 would cover you along. If your H1 approved, Your status would automatically change to H1 from the petition approval date if the petition has been submitted as a COS.

        2. Your status would be outcome of the last action rule.

        This is my personal opinion and I am not a legal expert.

        Comment

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