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Traveling to india with h1b extension - spouse doesn't have her petition

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  • Traveling to india with h1b extension - spouse doesn't have her petition

    Hi,

    My H-1B visa expired in July-2016 and my petition is valid till October 2017. My wife is on H4 and her visa too expired with mine and her petition has the same end date as mine.

    We are planning a trip to India in Jan 2017 and my company has filed for the H-1B extension so that I can have my new petition. My attorney mentioned that with the new petition that I will receive, my wife can file for an extension - that would mean she doesn't need her own H4 visa extension (new petition on her name). Is that correct? If that holds true, then how shall she file for H4-EAD - should she be using my petition for her EAD?

    Thanks.

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