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H1(Processing) and H4(extension) and going to India - what would be status?

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  • H1(Processing) and H4(extension) and going to India - what would be status?

    Hi,

    I am currently on H4 and my H1 is in processing.My husband's H1 expires on September 30,2009 and while applying for extension we are also planning to apply for my H4 extension simultaneously.

    1) Hoping that both my H1 and H4 extension gets approved, what status would i be on from 1st October,2009?

    2) I understand from previous threads that while H1 extension is in process, it is not okay to leave US for a vacation.Does the same apply for H4 extension also or can i go to India and comeback?

    3) My husband is planning to visit India in August and come back by 15th. Is it okay if he applies for extension soon after he comes back i.e around 17th August?Can he go and come back without any problems?

    4) Supposing that when he applies for extension in August and i am still in India, can he apply for my H4 extension or not?


    The above things are very confusing. Please guide us.Thanks a lot for your time and responses.

  • #2
    1) If USCIS figures it out, both will be not be approved. Only one will be.
    2) Yes. But if you still have lot of time left on your current H4, it's not a problem.
    3) Should be fine.
    4) No. Extension is only when you're in US. If you're not in US, you have get a new H4 visa, and reenter.

    Comment


    • #3
      Can i file for my H4 extension or not?

      Thanks a lot for the reply.

      As continuation to point 1, i have the following questions.Please guide us through the following confusions as we are about to file his extension and don't know whether to go ahead with mine or not.

      1) If they approve only one out of H1 or H4, is it done in the order of application?

      2) My H1 has an RFE on it now and takes more than a month for it to resume processing. Meanwhile, if we apply for H4 extension(my husband's H1 extension) through premium processing and get it approved, does that affect my H1 processing later on?


      3) If i don't apply for H4 extension now along with my husband's H1 and thinking of the worst, my H1 is denied,what will be options to get the H4 extension later on?

      Thanks in advance for your replies.

      Comment


      • #4
        H1 Transfer

        Hi All,

        I am on H1B since last 1.5 years and I recently transfered from Company A to Company B i got reciept of Company B H1 Status. While i was in Company A my wife went back to Singapore as she is resident in that country. She hold H4 (Dependent) visa. I am an Indian.

        My concern are:

        1) Do i still need to attend in US Embasy in Singapore if i go there for a week time before my H1 transfer is successful?
        2) If my H1 Transfer to Company B is successful.. do i still need to attend in US Embassy to get the new H1 sticker or stamp in my passport?

        Please clarify...

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        • #5
          Please help urgently!!!

          Hi,

          Please let me know whether i should apply for H4 extension when my H1 is in processing. If i don't apply now, what are my options if my H1 gets denied.Please help out soon as we are about to file my husband's H1 extension in a day or two and we already submitted all the documents to his employer.

          Comment


          • #6
            Originally posted by JayaGopal View Post
            Hi,

            I am currently on H4 and my H1 is in processing.My husband's H1 expires on September 30,2009 and while applying for extension we are also planning to apply for my H4 extension simultaneously.

            1) Hoping that both my H1 and H4 extension gets approved, what status would i be on from 1st October,2009?

            2) I understand from previous threads that while H1 extension is in process, it is not okay to leave US for a vacation.Does the same apply for H4 extension also or can i go to India and comeback?

            3) My husband is planning to visit India in August and come back by 15th. Is it okay if he applies for extension soon after he comes back i.e around 17th August?Can he go and come back without any problems?

            4) Supposing that when he applies for extension in August and i am still in India, can he apply for my H4 extension or not?


            The above things are very confusing. Please guide us.Thanks a lot for your time and responses.
            1. Last action rule comes into picture. The effective petition that was last approved holds good. For example if H1b gets approved AUg 1st with an effective date of Oct 1st and your H4 gets approved on Sep 1st, your status will be H4 until Oct 1st from then you will be on H1b.
            All this applies if you do not travel.
            2. Travel is not recommended on a pending petition due to many complex problems associated with it.
            3. Yes, that is possible. I would suggest that he apply for his extension right after returning from travel. If you are in the US at the same time, wait till september 25th and apply for extension of H4 to avoid the risk of falling out of status in case of a H1b rejection.
            4. If you are in India, he cannot extend your H4 inside the US. You should wait for his H1b extension approval, go for a visa and get your new visa to return. As an alternative, if you return on Sept 29th with an approved copy of your husbands H1b extension, you will automatically get the H4 I-94 till the date of the new H1b petition.

            Note that any travel on a pending COS will void the COS of your H4 to H1b.

            There is some incorrect info posted by other users and I am responding to the Original post.

            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


            • #7
              Originally posted by sk4ih View Post
              1) If USCIS figures it out, both will be not be approved. Only one will be.
              Incorrect. Last action rule comes into picture.

              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
                Thank You

                Thanks a lot for your response.Our confusions are clarified.We are now processing my husband's extension along with my H4 through premium processing to avoid any complications.Thanks again for your guidance

                Comment


                • #9
                  hi,

                  i just have a question. i am currently on h1b visa and will expire this september 2009. my employer already applied for me and my wife's extension last may. but in uscis website, there's still no update regarding our extension status.

                  1. can we travel back to the philippines even without the extension approved yet?

                  2. can my wife go back to the philippines this october while waiting for the extension to be approved?

                  3. when the extension is approved, can my wife just apply for her visa in the philippines then?

                  thanks.

                  Comment

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