Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H4 extension for self after working on H1 with I-140 approval

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H4 extension for self after working on H1 with I-140 approval

    Advance thanks and appreciate your quick response and help.

    Introduction:

    I worked until 2015 on H1B visa with approved I-140. Bcos of personal reasons I moved out of the country and came back on H4 visa (spouse is working on H1) and validity is until August 2016. Now spouse is filing new H1B as spouse employer filed H1 amendment after project is over and USCIS sent RFE and responded with new location but USCIS denied the request, and now employer says existing H1 doesn't valid( not sure whether this is correct or not) and need to file new H1 from another company. Spouse is currently on project through sub vendor. Now employer is ready to file H1 with subvendor's PO and letter (as the desi prime vendor says will give letter only on RFE from USCIS). When we contacted yesterday empoyer says he is ready to sent out the h1 filing kit and gave us time to wait until today noon to reach his office with the filled I-593 form and docs. But yesterday when we reached the fedex store the cutoff time is over to send the overnight shipping to destination.

    1. a) Is my stamped H4 visa is valid (until Aug) irrespective of spouse's new H1 filing bcos old H1 petition is valid until august 2016?

    2. If not valid, I must file H4 now without fail to maintain status?

    3) Can I wait until spouse H1 is approved??


    4. If I go for H4 extn with I-140 approval details in the I-593 form will give any trouble for my H4 extn petition?

    5. a) In the I-593 form under part 4-Additional information section, " if you're principle applicant" provide passport issue country, date of expiry and foreign home address. In this case I'm not principal applicant right, so I can skip this info?

    b) also asked are you or any other person included in this form applicant for immigrant visa or filed for immigrant petition, If so with describe the circumstances in detail on a separate sheet. So I mentioned yes with my Alien#. other than this, do I need to explain why I changed to H4 and going for extn??

  • #2
    Originally posted by kk2299 View Post
    Advance thanks and appreciate your quick response and help.

    Introduction:

    I worked until 2015 on H1B visa with approved I-140. Bcos of personal reasons I moved out of the country and came back on H4 visa (spouse is working on H1) and validity is until August 2016. Now spouse is filing new H1B as spouse employer filed H1 amendment after project is over and USCIS sent RFE and responded with new location but USCIS denied the request, and now employer says existing H1 doesn't valid( not sure whether this is correct or not) and need to file new H1 from another company. Spouse is currently on project through sub vendor. Now employer is ready to file H1 with subvendor's PO and letter (as the desi prime vendor says will give letter only on RFE from USCIS). When we contacted yesterday empoyer says he is ready to sent out the h1 filing kit and gave us time to wait until today noon to reach his office with the filled I-593 form and docs. But yesterday when we reached the fedex store the cutoff time is over to send the overnight shipping to destination.

    1. a) Is my stamped H4 visa is valid (until Aug) irrespective of spouse's new H1 filing bcos old H1 petition is valid until august 2016?

    2. If not valid, I must file H4 now without fail to maintain status?

    3) Can I wait until spouse H1 is approved??


    4. If I go for H4 extn with I-140 approval details in the I-593 form will give any trouble for my H4 extn petition?

    5. a) In the I-593 form under part 4-Additional information section, " if you're principle applicant" provide passport issue country, date of expiry and foreign home address. In this case I'm not principal applicant right, so I can skip this info?

    b) also asked are you or any other person included in this form applicant for immigrant visa or filed for immigrant petition, If so with describe the circumstances in detail on a separate sheet. So I mentioned yes with my Alien#. other than this, do I need to explain why I changed to H4 and going for extn??
    Visa, petition, status, I-94 are all different things.

    It seems your spouse's H1 extension itself is in jeopardy due to the complications of Employer/RFE/Vendor etc. If USCIS refuses his h1 extension then you also go out of status. You need to work closely with the attorney to understand the options.

    1. Your visa may continue to remain valid, but your H4 status would not be valid unless your spouse's H1 status is valid.
    2. You should.
    3. I would not advise that. File H4 along with spouse's H1.
    4. Your I-140 approval has no bearing, positive or negative, on H4 decision.
    5.a) I would say yes, you can skip it, but given the complication of your case, would also advise seeking professional help in filling these documents.
    b). I would say attach a copy of your I140 approval. Again, given the complication of your case, would also advise seeking professional help in filling these documents.

    This is my opinion not legal advice.

    Comment


    • #3
      Raghvi, thanks a lot for your quick valuable response.

      Comment

      {{modal[0].title}}

      X

      {{modal[0].content}}

      {{promo.content}}

      Working...
      X