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H1 case is pending and H4 will expire in 15 days

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  • H1 case is pending and H4 will expire in 15 days

    My wife is on H4 visa and her visa will be expired on 09/30/2008. We applied H1B visa for her and the case is still pending and i upgraded this case as an premium expecting H1B will get approved before 09/30/2008. If it doesn't get approved before 09/30/2008 i don't have an option other than filing H4 extension on 09/30/08.

    In case H1B gets approved after filing the H4 extension - what options i have to make sure H1B is valid.

    1. If H4 gets approved after H1B - which visa is valid and what options i have to make H1B as an valid visa?

    Any suggestion on this will be of great help.

    Thanks for your help in advance!

  • #2
    Last action rule applies. If H1b gets approved first and then H4, H4 will override the H1b. Once H1b is approved, go and get a H1b stamp and enter on H1b status to preven the last action rule from coming into picture.

    Withdrawing H4 is an option. In case the H4 gets approved before USCIS can act on the withdraw notice, you are toast.

    BTW, there is no need to apply for H4 extension as she can legally remain in US on the pending H1b petition. If it gets denied, then it is a huge problem as she would have accumulated unauthorized presence.

    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.