H4 expiring a day before H1 starts- HELP Please

[mashmesh]

Dear Experts,
Please help me suggest what to do in my case,

My H1 is expiring on 29th Sept and so my Wifes H4 is also expiring on the same date. We both are in US presently and have no plans to leave until H1 processing is complete.

My Wife H1 got picked this year and I;ve not recieved any documents yet from her employer. As we all know H1 starts from Oct 1st. There is ONLY one day of LAPSE of LEGAL status in her case ..

Q1) Should I apply for my wifes H4 extension ?
Q2) If I apply for my wifes H4 extension -- will there be any problem with her new H1 ?
Q3) If I should apply for her H4 extension -- should I do it right away or wait untill I get the H1 approval and then do it ?
Q4) If I should not apply for her H4 extension then 1 day legally out of status is it OK ?

Please help me answer these questions at the earliest as my lawyer wants to applyfor her H4 extension and the my wifes employer (desi lady) is saying NOT to apply for H4 extension as it will cancel out the H1 ?

Thank you..
Sri

[txh1b]

1. Yes, you should. But remember last action rule will come into play and cause problems.
2. No problem with H1 other than if H4 gets approved after Oct 1st, then she loses H1 status.
3. Wait till H1 approval. If H1 gets approved with an attached I-94 or if H1 remains pending as of 08/29, you will be fine as it is period of authorized presence on a pending application.
4. It is not okay. If the H1 gets approved with an attached I-94, it is okay. They might not approve the COS due to this gap which will require her to leave and come back.

[DMX17]

For the COS to be approved, USCIS would (or should) make sure that there in no gap that is not covered by some status.

Yes, you should apply for an extension like the previous poster suggested.

This might help in case of last action rule.

http://www.immihelp.com/forum/showthread.php?t=42153&highlight=Action

[mashmesh]

Dear TXh1b and DMX17..

Thanks for your fast response..


I'm still a bit confused when u say "last action rule will come into play and cause problems ? "

Also , If H4 can be extended in this week (Jun 3rd Week) .. how long does it take to get that ?

And how late can I apply for her H4 extension if its expiring on the 29th Sep ?

Thanks a ton !!
Srikanth

[DMX17]

Did you apply for your H1 extension?

An extension can be filed 6 months before the I-94 expiration date. It must be filed before your I-94 expires.

If you apply for your H1 and your wife's H4 extensions now AND request Premium Processing for your H1, I think USCIS will likely honor your wife's extension and will approve it with your H1 extension. This is assuming you and your wife apply the same time and you request Premium Processing by paying the extra $1000.

Regular processing could take anywhere from 2-6 months or more. This is my guess. Check USCIS.org for the particular service center Processing Times.

Last Action Rule is well explained on the internet (google it) and in the link I provided.

[mashmesh]

I've not applied for H1 Extension yet. I'm yet to apply for my H1 and we are going to do Premium processing.

So, in case of premium processing I dnt have to wait for her H1 approval correct ?

Thanks,
Sri

[DMX17]

So, in case of premium processing I dnt have to wait for her H1 approval correct ?

I am not sure if I understand what you mean here.

Apply for your and her extensions with PP. This may get approved before her H1 is adjudicated if you/your employer act fast. If this is approved before her H1 is approved, her status will change to H1 on Oct 1st if the H1 is approved with COS.

[mashmesh]

Yes Sir,
I mean that I will apply for her H4 extension along with my H1 as a PP. So in this case I can apply for both our extensions it with in this week correct ?

One more question-- How do we know whether her new H1 will be approved with COS or without ? Do I've to apply for COS myself ? Or does it depend on the application ? Where can I find out if it is going to be with COS or without COS ?

Thanks,
Sri

[DMX17]

Yes Sir,
I mean that I will apply for her H4 extension along with my H1 as a PP. So in this case I can apply for both our extensions it with in this week correct ?

Correct.

One more question-- How do we know whether her new H1 will be approved with COS or without ? Do I've to apply for COS myself ? Or does it depend on the application ? Where can I find out if it is going to be with COS or without COS ?

Thanks,
Sri

Ask her employer if her employer applied for a COS along with H1.

If they applied for a COS with H1, there may be an RFE to make sure that there is no status gap as described in the link I provided. At this time, her employer can reply with the extension receipts/approval.

I am just using some common sense and I could be wrong.

[mashmesh]

Thank you very much. I've asked my wifes employer and she should get back to me soon.

Thanks once again.

Srikanth

[txh1b]

What does her employer have to do with this entire deal? What did you ask? About COS? Even if she did or did not, you need the H4 extension to be safe.

[DMX17]

I think about whether or not COS was applied with H1.

[sahilkoul2007]

Help Please

Dear Experts,
Please help me suggest what to do in my case,

My H1 is expiring on 29th Sept and so my Wifes H4 is also expiring on the same date. We both are in US presently and have no plans to leave until H1 processing is complete.

My Wife H1 got picked this year and I;ve not recieved any documents yet from her employer. As we all know H1 starts from Oct 1st. There is ONLY one day of LAPSE of LEGAL status in her case ..

Q1) Should I apply for my wifes H4 extension ?
Q2) If I apply for my wifes H4 extension -- will there be any problem with her new H1 ?
Q3) If I should apply for her H4 extension -- should I do it right away or wait untill I get the H1 approval and then do it ?
Q4) If I should not apply for her H4 extension then 1 day legally out of status is it OK ?

Please help me answer these questions at the earliest as my lawyer wants to applyfor her H4 extension and the my wifes employer (desi lady) is saying NOT to apply for H4 extension as it will cancel out the H1 ?

Thank you..
Sri

What did you ended up doing? I am in exact same situation like you are? Please guide