H4 to H1 question

[idle_yzag]

1. My wife H4 visa gets expired on sep'08
2. I applied for H1 on April and it is under process
3. She want to go back India in Aug First week and come back on Oct 26th


Question:
Can she go for H4 extension in August and comeback on H4 on Oct 26th?

4. For H1, het status shows "Request for Additional Evidence Sent"
5. Yet to talk with attorney on this, need to know when is the cutoff date on this to reply

Q: Can I delay this notice until she get stamp on extension for H4 in august and comeback on that H4 in oc26th
Q: In port of entry, Is there any chance they can ask for H1 stmaping?

Appreciate help

[idle_yzag]

bump

Appreciate help

[txh1b]

Plenty of recent posts on same subject. Take a look around in the forum.

There is no relation between her H4 and H1. She can choose to return on H4 anytime if she leaves before the H1b period kicks in. The RFEs have to be handled and delays past USCIS issued due dates will result in rejections.

[idle_yzag]

Appreciate your help if you can please answer my first question

[orion]

tx already replied that you cannot, so whats the confusion?

[txh1b]

The first question has been answered many times on the forum. That is why I wanted you to check other posts that way you will learn more than what you need. Just look for H4 in H1 forum and I've answered some in the past 48 hrs.

a link for the lazy http://www.immihelp.com/forum/showthread.php?t=44876

There are many more. Just look.