H4 extension pre-requisites/conditions

[kunal1212]

Hi All,

I am in US on H1 which is going to expire in Nov2011. My wife's H4 stamping is done already and her visa expiry is on the same date. She has never been to US. I plan to bring her here around Sep2011.
My questions are:
1. Can I ask my employer to start processing my H1 extension though my wife is still not in US? (I am afraid USCIS might deny her H4 extension if both of our extensions are not filed simultaneously)
2. Shall I wait till she comes here and then ask my employer to file for extensions for both of us?

Thanks in advance....

[shervin143]

1. Can I ask my employer to start processing my H1 extension though my wife is still not in US? (I am afraid USCIS might deny her H4 extension if both of our extensions are not filed simultaneously)
>>> Not an issue. Advisable to file the H1B extension as early as possible. As long as your wife's H4 extension is file before her I-94 expiry date, its is all good. H4 extension can be filed either based on a previously approved H1B petition or one that is pending with USCIS.

2. Shall I wait till she comes here and then ask my employer to file for extensions for both of us?
>>> Not required. That is totally upto you. Advisable to file the H1B extension as early as possible instead of waiting till the last minute.

[kunal1212]

Thanks Shervin143!