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H1 and H4 visa Question

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  • H1 and H4 visa Question

    Hello All,

    I am holding my H1 B visa with Company X for more than 4 years now and I got married last year and my wife have H4 visa now. Recently my wife got approved for H1 with the same company that I was working before (Company X) and her petition will be starting from Oct 2008. Now, I am planning to change my company and join Company Y as a full time employee.
    1. The new company has started processing my H1 visa processing. Do I need to send my wife details to them for her H4 visa? As her H1 will be starting from Oct 2008.
    2. Also, my H1 visa will be expiring in Sept 2010. The new company said that they will apply for my green card next July 2009. Please let me know if that will be too late or do I need to apply early. The company said that they can only apply next July 2009.

    Please let me know as early as possible as I need to make my final decision based on the response I get.

    Thanks
    Sachin

  • #2
    1. No as H4 is not related to your company. As long as the H4 I-94 is valid, she is fine.
    2. You have to calculate. A labor petition should be filed 1 year before you complete your 6 years to be eligible for extensions or you should have your labor and I140 approved before you complete 6 years.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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