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  • H1-H4 Visa Extension

    Hi,

    I am currently in US on H1B and my wife on H4 visa.
    My Wife's H1B is filed in december'2010 and now i had to extend my H1B visa.
    I had filed the H4 visa extension for my wife along with my H1B visa extension this Jan'2011.
    Please let me know which visa will take preference if both of them got approved (H1B First followed by H4 extension).

    Thanks & regards,
    ATLURI.
    Last edited by Atluri; 01-10-2011, 04:25 PM.

  • #2
    Last action rule. Last one to get approved holds.
    This is my opinion and not legal advice.

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    • #3
      Search and read about the last action rule. Which ever petition gets approved last (and if it comes with a new I-94), that will take precedence.

      Say H1B gets approved as a COS on 1st Feb 2011, she should start working from Feb 1st to maintain the H1B status. Otherwise she will go out of status on H1B. If H4 gets approved on 1st of March, she should quit working and be a dependent. If she want to work again, her employer will either need to file a COS again to H1B or she will need to leave the country and return back on H1B visa.
      Not a legal advice. Use of this information is strictly at your own risk.

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      • #4
        Thansk Shervin143 and Kabkaba

        Thansk Shervin143 and Kabkaba

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