H1 Queries

[sincanvin]

Hi,

My H1b is due for first extension in Aug 09 and I am planning to file extension in may. My wife is right now also on H1 but she is changing her status to H4 by going back to India and coming back on H4.

1. Do I need to apply for her H4 extension also along with mine when my employer files for my extension or she can stay on H4 as long as her H4 visa on passport is valid.

2. Can she get her H1 transfer done during this period when my H1 extension is applied.?

3. Can I change my employer without applying for extension and my extension of visa is also taken in H1 transfer process?


My queries are little strange please try to answer.

Thanks,
Vineet

[arajesh19]

Hi,

My H1b is due for first extension in Aug 09 and I am planning to file extension in may. My wife is right now also on H1 but she is changing her status to H4 by going back to India and coming back on H4.

1. Do I need to apply for her H4 extension also along with mine when my employer files for my extension or she can stay on H4 as long as her H4 visa on passport is valid.

--- If your wife returns on H4 before your employer files for your H1B extension, then it is preferrable to extend her H4 visa along with yours so that the end date on the new I-94 for you and your wife remains the same. Otherwise her H4 validity will only be till Aug 2009.

2. Can she get her H1 transfer done during this period when my H1 extension is applied.?

--- If she gets an H4 stamp through CP, then she has to file for COS via I-539 and supporting documents to go back to H1B status.

3. Can I change my employer without applying for extension and my extension of visa is also taken in H1 transfer process?

--- Yes.

Thanks
Rajesh