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H4 initiation while H1B extension in progress

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  • H4 initiation while H1B extension in progress


    Both me and my wife were in US till April last year on H1Bs and returned to India in May last year. Her H1B expired in September last year and her employer filed for H1B extension in August last year (from India). The application is still in "The case was received" status. My H1B is still valid for a few more years.

    Now, I got an opportunity to travel back to US and my wife is planning to quit her job, take H4 and accompany me.

    1) Do we need to withdraw the existing H1B extension before applying H4 stamping for my wife?

    2) Is there any risk in initiating the H4 stamping while H1B extension is in progress?

    3) Or should we wait for the H1B extension decision and then initiate her H4 (which might take lot more time).

    Note: I have an approved i-140 and extended H1B based on that. So her ultimate plan is to take H4 EAD and find an employer in US in future.