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H1B Expiring, Extension Pending & H4 Visa Problem

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  • H1B Expiring, Extension Pending & H4 Visa Problem

    Hi please help me with this

    My H1B Visa expires on this 30 Sept 08 and my H1B extension petition is pending. I do have Receipt(EAC) number for it but i seem to get approval from USCIS after next 5 months, and i want to apply for my wife's H4 asap

    Should i apply for my wife's H4 Visa right now or wait until i get approval of my H1B extension? What are the risks associated in applying H4 right now?

    Do i need to make my H1B extension case a premium case or not for applying for my wife's H4 Visa asap? which risks are involved with making it premium?

    What are the alternate ways to get my wife legally in USA at the earliest
    without forcing me to change my H1B extension a premium case?

    Thanks for your time

  • #2
    You need your H1b approved for the H4 visa simply becuase the visa will be issued only till the DOE of your H1b petition. With yours expiring soon, there is no point as to how the H4 visa can be issued. Go for PP on the case first and then apply for the H4.

    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.

    Comment


    • #3
      Thanks for replying

      Even if having Receipt(EAC) number of my H1B Extension wouldn't work, as my employer is hesitating in switching my case to Premium one from Regular.

      Is there any other visa or way to get my wife legally in USA with expiring H1B and pending Extension.

      Thanks again for taking time to reply

      Comment


      • #4
        Pay the PP fee yourself.

        Comment


        • #5
          Thanking you for taking time and replying promptly

          I am ready to pay Premium fees my self but seems like my Employer has internal issues making him to hesitate changing my case premium.
          Some brand new H1B premium case were resulted in to RFE and rejection eventually this year. and may be that is the reason he is afraid. my Employer was reasoning that USCIS has lots of applications and so it is not able to adjudicate premium case with in 15 days and thus USCIS sends RFE and finally rejection

          Can i do Premium transfer while current employer H1B extension is pending?
          Is there really no way out for applying H4 with H1B Extension pending please?

          Thanks for making me understand
          Last edited by tech; 09-12-2008, 01:06 PM.

          Comment


          • #6
            Hi,

            H4 depends on the Primary H1 holder and his/her status.
            So u can apply for H4 only when your extension is APPROVED because your spouse needs to carry the copy/original I-797A which says that ur extension is approved and till when.
            On the basis of that only her H4 will be stamped with the same TO DATE as ur approval notice.
            Just applying for extension does not gurantee APPROVAL.

            But if it is really urgent for H4 , then u can take a chance but I-797 is the most important /mandatory document for H4.

            --Abhay

            Comment


            • #7
              Originally posted by abhayg4
              But if it is really urgent for H4 , then u can take a chance but I-797 is the most important /mandatory document for H4.
              There is no taking a chance business for the OP as his H1b expires 9/30/08.

              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.

              Comment


              • #8
                Thanks a lot for explaining me the essence of the H1B approval and I-797.

                I wont take any chance because there is nothing to take chance about.
                But can i do Premium transfer while current employer H1B extension is pending or not?

                Comment


                • #9
                  Hi,

                  I am sorry txh1b , i did not noticed that part -his H1 is expiring 30 th sep'2008 Yes...there is no chance or risk to take.
                  Please apply for H4 only after ur extension approval.

                  ---Abhay

                  Comment


                  • #10
                    Originally posted by tech
                    Thanks a lot for explaining me the essence of the H1B approval and I-797.

                    I wont take any chance because there is nothing to take chance about.
                    But can i do Premium transfer while current employer H1B extension is pending or not?

                    Can be done. Better if that is filed before your current I-94 expires. If not, it has to be applied with proof of filing for the extension from your current company.

                    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.

                    Comment

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