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H1 and H4 extension - Help required

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  • H1 and H4 extension - Help required

    Hello Everbody,

    Just to give you a brief background about my case, my H1B is stamped till Sept 30th 2009 and my case for H1 extension is currently in a pending state. My wife is on H4 and her visa is also valid till Sept 30th 2009. The other cases filed by my employer along with me, and those who have gone for premium processing have got RFE's and got their visa stamped equivalent to the duration of their current project (i.e. 3 month to an year depending on the project duration).

    Also, I am not sure if my employer is blacklisted since they have currently changed the company's name and filed H1's for candidates with different company names. I am not sure what they are upto.

    I think my chances of getting the approval are pretty bleak and lot of people have suggested me to go for a H1 transfer to a different company. I have spoken to a couple of companies are they are ready to do my H1 transfer since I am on a project right now. But the bad news is my project also ends on Sept 30th 2009 and the chances of extension are pretty low.

    1) Should I go for an H1 transfer with premium processing at this point of time when my visa expires in approx. 1 month 10 days.

    2) My wife is travelling to India on October 4th whereas her H4 is stamped till 30th Sept 2009. Will she be out of status just for 4 days if I dont get the approval in the meantime. Does that harm in any way while re-entering US?

    Experts please help and thanks in advance for providing such a wonderful platform for discussing immigration related queries. You guys are doing a great job!

    Best Regards,
    Amit

  • #2
    1. You can go for a PP transfer but be forewarned that without a project/client letter, getting a H1b transfer or extension is almost next to impossible now-a-days.

    2. Your spouse should travel on or before Sep 30th to avoid issues with out of status. If a H4 extension was already applied for her, she can travel on Oct 4th as she would not be illegal but awaiting decision on a pending case which constitutes period of authorized stay.

    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 txh1b. Right now I am on a project till Sept 30th 2009. Not sure after that. Shall I go for a PP transfer immediately since I am on a project right now? What if INS asks me for a client letter? I may not get one at this point of time when the project is about to end.

      Please let me know. Thanks in advance!

      - Amit

      Comment


      • #4
        If a client letter says 9/30 end date, so will your H1b.

        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


        • #5
          What are the chances of getting an RFE where the INS request a client letter from the candidate for H1 transfer/renewal?

          Please let me know.

          Thanks & Regards,
          Amit

          Comment


          • #6
            Who can predict that? You need an *****l****.

            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
              I guess it would be difficult for them as well.

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