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Applying for H4 Extension when H1b extension is also pending

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  • Applying for H4 Extension when H1b extension is also pending

    Hi,

    I came recently to USA and my employer has applied for my H1B extension. My wife already has H1 but that will expire on 28 sept 2010 and she is still in India. Can my wife go for H4 stamping while my H1B extension is pending? My employer doesn't want to go for premium processing for some reason and i heard the regular processing might take anywhere between 6-16 weeks which is really long.

    Is there any better idea that i can get my wife here before my extension is approved. Like get her on Visitor visa and convert to H4?

    Any help appericiated.

    Thanks,
    Sreenivas

  • #2
    When does your previous H1 petition/I-94 expire? If there is still some time left, your wife can get H4 Visa based on that petition and come to the US. She must however file for extension after coming to the US based on your extension receipt.
    This is my opinion and not legal advice.

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