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H1 B Extension Need help

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  • H1 B Extension Need help

    Hi All,

    My wife is on H4 and she is applyiing for a new H1B on April 2011. My H1B is going to expire in Sept 2011 and I am applying for my H1B extension.

    When filing for my H1B extension, is it ok to include spouse details for getting H4 extension for my wife.

    If my wife first gets her H1B approved and later gets the H4 extension (i.e based on my filing for H1B extension) will she be losing her H1B status.
    Please suggest.

    Thanks in Advance.

  • #2
    Since both your I-94's expire before Sep 30, your wife is in a complicated situation. Her change of status to H1 may not get approved because of the gap between current I-94 and Oct 1. (H1 Petition may get approved without an I-94). If she or your company on her behalf file I-539 along with your extension, it will further complicate things.
    Her employer can file the H1 petition without change of status. Then she can file her I-539 along with your H1 petition to extend her status. After both petitions are approved, her employer can file amendment to change her status or she can leave and return with an H1 Visa to start working.

    I will advise you to consult an experienced attorney on this matter.
    This is my opinion and not legal advice.

    Comment


    • #3
      thank u

      Thank u very much.

      Comment

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