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  • h1 approved, h4 extn

    My wife visa & i-94 expiry in Aug 2007, but she got new h1 approved with i-94 starting Oct 2007.

    My question
    1) Do i need to apply anything in order to start working Oct?
    2) Aug - Oct would over the out of status, any issues?
    3) Do i need apply for H4 extn?
    4)At any cost she has start oct? or few months later?
    5) With h1appoved, will she apply SSN now?

    thanks

  • #2
    Originally posted by prabakarkn
    My wife visa & i-94 expiry in Aug 2007, but she got new h1 approved with i-94 starting Oct 2007.

    My question
    1) Do i need to apply anything in order to start working Oct?
    2) Aug - Oct would over the out of status, any issues?
    3) Do i need apply for H4 extn?
    4)At any cost she has start oct? or few months later?
    5) With h1appoved, will she apply SSN now?

    thanks
    So your wife is the H1 holder, and you're in H4, right? If that is so:

    1) If you're in H4 status, you can't work
    2) you should apply for an extension of stay - though some people says it's ok to stay even if your I94 has expired, if you hold an approved I797. Play it safe, apply for the extension
    3) Yes, you will also need for a visa stamp
    4) She can start on October or later - whenever she feels like
    5) if she was in H1 status before, she should already have one - or can apply for one after getting the visa stamp. I don't think the SSA offices would accept the I797 only. Try and see

    Comment


    • #3
      Thanks Mickey

      Its otherway around, Would you please answer according

      My wife h4 is gettin exipry, she applied h1 got approved.

      Few more addition?

      How to main status without i-94 expiry, as well as use current h1?adivse please

      When she can apply SSN anytime before oct?

      We just applied i-485, will it cover the status, then start using h1 from oct?is it valid?

      Comment


      • #4
        looks like your wife might be out of status from aug 2007 to Oct 2007.
        since her H1 can start only then. I doubt that in such a scenario the H1 approval came with an I-94. If it did not then she will have to travel abroad to get it stamped.

        If it did the start date will be from Oct 1 only so better apply for extension (if you have approved H1 covering that period. If it is just the stamp not her I-94 dont bother.

        1) Look at her current I-94 is that expiring in August.
        2) Look at your latest approval notice and see if you are current as well and will be.
        3) Look at her H1 approval notice did it come with I-94 or not and what are the dates there.

        If you need to file for extension do it immediately as the fees will be increased from $200 to $300 on July 30th

        Comment


        • #5
          Thanks waitin

          Still my doubt is not clear.

          Her h1 approved with I-94 attached has starting date oct 2007- 2010.

          1) Explain me now, is she out ot status in that period aug - 0ct?What do we do?
          2) Can we apply SSN immed?
          3) Can we out of status less than 180 days?

          Thanks
          Prabakar

          Comment


          • #6
            You will need to apply for her extension from Aug to Oct, but as you mentioned that you filed I-485 then it should be okay.

            As for SSN if you have EAD she can file immediately or you can give it a try with H1 approval notice.

            Comment

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