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Need urgent Help - H1B Visa stamped and H4 Visa Extension

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  • Need urgent Help - H1B Visa stamped and H4 Visa Extension

    Dear Team,

    I need your urgent assistance in below query, request you to please help,
    Thank you.

    Background of my Case :

    For almost 1 year my wife was on H4 Visa with me in US( I holding H1B) and at the same time she also had H1B approved petition(but H1B visa not stamped in her passport) from her employer but was on Leave without pay . 4 Months back, she went to India to join her employer back and to get her H1B stamped.

    And now she got her H1B Visa stamped from her employer and she is planning to travel to USA via her employer in near future.
    However I wanted to make sure just in case if in future she didn't get project from her employer and she has to leave her job in India due to the same.
    And at later stage in order to travel to US , she will have to get her Visa status changed from H1B to H4 (dependent on my Visa), then she should be able to do that, being said that my H1B visa is going to expire in June 2016 and I am in process of filling an extension
    with my employer.

    Question

    With respect to above scenario, Should I ask my employer to initiate H4 Extension for my wife too ? (as she was with me in US earlier but not now).
    Now if H4 extension if filled for her,

    What would be the impact of her H4 Extension nn her current H1B Visa, in below scenarios ?

    1.) She already travelled to US via her employer
    2.) She is still in India and her H4 Extension got approved

    Please advise.

    Regards,
    Nitin Chhabra

  • #2
    Originally posted by nitinchhabra0506 View Post
    Dear Team,

    I need your urgent assistance in below query, request you to please help,
    Thank you.

    Background of my Case :

    For almost 1 year my wife was on H4 Visa with me in US( I holding H1B) and at the same time she also had H1B approved petition(but H1B visa not stamped in her passport) from her employer but was on Leave without pay . 4 Months back, she went to India to join her employer back and to get her H1B stamped.

    And now she got her H1B Visa stamped from her employer and she is planning to travel to USA via her employer in near future.
    However I wanted to make sure just in case if in future she didn't get project from her employer and she has to leave her job in India due to the same.
    And at later stage in order to travel to US , she will have to get her Visa status changed from H1B to H4 (dependent on my Visa), then she should be able to do that, being said that my H1B visa is going to expire in June 2016 and I am in process of filling an extension
    with my employer.

    Question

    With respect to above scenario, Should I ask my employer to initiate H4 Extension for my wife too ? (as she was with me in US earlier but not now).
    Now if H4 extension if filled for her,

    What would be the impact of her H4 Extension nn her current H1B Visa, in below scenarios ?

    1.) She already travelled to US via her employer
    2.) She is still in India and her H4 Extension got approved

    Please advise.

    Regards,
    Nitin Chhabra

    There is no concept of "Leave without pay" for 4 Months. Your spouse was basically out of status for that duration. Also, if she enter US in H1 she should work and get paid irrespective her employer has work for her not. If she is out of status COS to H4 or H4 extension will not be approved.

    This is my opinion not legal advice.

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