Should we apply H1B and H4 Together

[sairam1211]

Hi All

I have Applied for My H1B extension today jul 22 2010 My visa is till Aug 15 2010,

My wife is on H4 and now in US her visa is also till Aug 15 2010,

My Question is,

1) Can i wait until my H1b Approval comes or can i apply for My wife's H4 Now,

2)If i Wait and my wife's H4 visa expires can she stay here in US,

Please Advice,

Thanks in Advance
Sai

[shervin143]

1) Can i wait until my H1b Approval comes or can i apply for My wife's H4 Now,
>>> You should apply the H4 extension for your wife immediately based on your pending H1B extension petition.

2)If i Wait and my wife's H4 visa expires can she stay here in US,
>>> When you are inside U.S, the visa doesn't have any value. I-94 is what is important. You should file the extension before the current I-94 expires or leave the country. Any time spent in U.S after the I-94 expiry will be considered illegal if the extension is not filed.

[sairam1211]

Thanks shervin143

I can Apply for H4 Extension once i get the H1B receipt.

Can i do that Please help

Thanks

[shervin143]

Are you talking about the actual H1B extension approval or just the receipt notice?

Extension should be filed before her I-94 expiry. Once her I-94 gets expired, the extension of status (H4) is not possible. Her application for the extension of stay should reach USCIS before the I-94 expires.

[sairam1211]

Thanks a lot shervin143

I'll Apply for H4 Extension as i get the H1B receipt. since i have applied under premium I should get it in 2 days and will know the status of my H1B in 10 to 15 Days
Thanks a lot shervin143

Have a nice day
Thanks
sai