H1B renewal / H4 renewal / H1B exension / H4 extension /New I-129? / I-539?

[desipiston]

I want to understand the H1B renewal process right from a new I-129 and what time/where/how the dependent should apply for the renewal/extension.

Then learn about tiny twists like an India trip between the application and renewal and whether it is possible to change wife's name on passport or obtaining new passport for wife

My employers HR department is passing on all info to a big shot law firm who is handling the renewal and I would like to get a complete picture of what is happening and what needs to happen. The law firm seems to have completed a new LCA and taken copies of my passport info pages, current H1B, I-94, bachelors and masters degree etc


My H1B and my wife's H4 & I-94s are set to expire in early March 2009.
What all is involved in extending my employment eligibility?
My understanding is all the paperwork pretty much like the first time they petitioned for me needs to be filed to USCIS and a fresh I-797 and I-94 will be issued if approved.


Question1. Is my assumption correct?
Q2. Is it possible to also apply for my wife's renewal/extension along with my application?
Q3. How to do that? Is form I-539 the correct document to apply for my wife's extension?


We are booked to travel to India first week of December 2008 returning first week of January 2009. I hope that we will be allowed back in since our visas are valid untill early March and have a receipt or approval for the extension before we return.
Q4. Is my above assumption a safe one or should I alter my travel plans and wait till this renewal thing goes through (ya... in like an unknown time period)
Q5. I have to travel to Canada sometimes for work related meetings. Is it safe travel outside USA when a new I-129 renewal/extension pending, untill my H1B is valid?


We have valid visitor visas to Canada valid well untill August 2009 for a possible use to schedule an appointment for new H1B stamp after my petition is approved and my current H1B expires.


Q6. If I539 is the correct way to extend my wife's stay, then is absolutely a must that we apply for my wife's extension of status now with my application?
Can we instead not apply for her extension right now, wait to get my approval (new I-797) and then directly apply for a H4 for her at US Consulate Toronto just before the expiry of current visa and save on the filing fees ($300???) for I539?
The only catch I see is; if we don’t get an approval on my extension case by mid January then we have to apply for an I-539 extension for my wife in any case since I-539 needs to be filed at least 45 days prior to the current stay ending.


I searched invain for any good information on H1B + H4 extension (not the actual visa stamps you get at the consulate, but the I-797 and I-539 or other forms). If you know if this information is available then can you please send me a link to it?

Sorry about the Ramayan version of questions. I really appreciate help and information on this.

[txh1b]

1. Yes
2. Yes
3. Yes. Travel during a pending petition is not recommended but possible with its own complications.
4. Come back from your trip and have the company file for the extension or go for premium processing paying $1000 more. That way you can skil the H4 extension part and it costs only $700
5. Canada should be okay as you do not get a new I-94 for such short trips to Canada.
6. Yes, it is I539. Is your spouse is ready to wait till your H1b extension goes through, you can absolutely go for a visa stamp and get the H4 I-94 till the H1b expiration date. Once the H1 is approved, there is no need to even go for the stamping. If your spouse travels out with the existing valid visa, the H4 can enter with the proof of your extended I797 and get the new I94 till the date on the I797.

[desipiston]

I just lost a long reply with questions while posting. the browser back buttn isnt helping .. should have copy pasted the text before submitting ..
anyways

dear txh1B I thank you for the reply

on 3. Can you please elaborate on the complications? is it that my I-94 number and details will change after travel or will show out of country if they process it when I am out?

My wife had called the USCIS yesterday & the USCIS representative told her that we should be able to travel out and back in provided we keep all relevant documents with us, since our earlier visas are valid for the scheduled date of return. (they are valid for about just under 2 months after return. I have travelled to a country in Europe on a 15 day visa in tha past on business so I am guessing travel with short duration visas or short remaining validity isnt very uncommon. Hope uncle Sam's CBP officers wont give us a hard time)

My assumption is that when we travel back we will be issued a new I-94 for the validity of the expiry of current H1B & H4 & the USCIS will provide their decision and if approved a new I-797 and new I-94s for the next 3 years after end of current H1B /H4.



on 6. Thank you for the input that my wife may not even require a H4 stamp.

Can you please clarify if this is assuming that she returns before her current H4 expires and then stays in the US untill end of new I-94 and does not travel. Or is it that a new H4 is not required for her at all for entering / travelling provided she has a new approved I-797 for me and notice of action on her I-539 application and/or a new I-94 for her.

It sounds attractive if We can save the ~130$ or more in a new H4 visa and any allied expenses. However we are planning to get her new H4 stamp upon approval in any case so either of us can travel individually or together hassle free. I feel better be safe than sorry.

[txh1b]

Search for posts from meetmeatohio on the forum. I don't think you understood my post completely. Read between the lines and post targeted questions.

Uncle Sam isn't related to CBP, BTW.