H1B extension and H4

[Goal_MBA]

Hi,
I am planning to apply for my H1B extension. My wife is currently on a dependent (H4) visa but planning to start work soon. Her new employer will soon file for her H1B visa.
I would like to know what would happen if I include her in my H1B extension application and subsequently a new H1B is filed for her?
If I exclude her from my H1B extension application and her H1B gets rejected then what would happen?

[shervin143]

If two different petitions are filed for the same person (H1B and H4) then based on the last action rule, the status will change to whichever petition becomes effective last.

Example: If the H4 approval comes after the H1B approval (after H1B effective date), then the staus will change to H4 and the person cannot work.

If H4 extension is not filed and if the H1B COS gets denied, then the time spend in U.S after the I-94 expiry date will be considered as illegal stay. If you are so worried, then ask the employer to file the H1B COS in premium which will get you the result within 15 days. If this is a fresh h1B, then the H1B will be effective only from Oct 1st and the individual will still need to maintain a valid status until Oct 1st.

When the H4 I-94 expiring? Is this a new H1B petition on a fresh CAP or you using an old CAP?

[Goal_MBA]

Thanks Shervin for quick reply .
Wife's new employer will be filing fresh H1 for her.
My H1B expires on 15th Nov and assuming her new H1 gets approved and starts on 1 Oct then we still have time in between.
So, if I apply for my extension without including my wife and if her H1 gets in trouble or doesn't come back by 15th Nov then what are my options?

[Goal_MBA]

Not sure what you mean by Old Cap or New Cap. What is the difference?

[shervin143]

As long as the application to extend the H4 status reaches USCIS before the H4 I-94 expiry date, its all good. You have to make sure that you get a decision on the H1B petition with enough time before the H4 I-94 expiry date, so that you have time to file the H4 extension (just in case of the H1B is denied). You always have the option to upgrade the H1B petition to premium if you don't get the result within a certain period.

Thanks Shervin for quick reply .
Wife's new employer will be filing fresh H1 for her.
My H1B expires on 15th Nov and assuming her new H1 gets approved and starts on 1 Oct then we still have time in between.
So, if I apply for my extension without including my wife and if her H1 gets in trouble or doesn't come back by 15th Nov then what are my options?

[shervin143]

Is this H1B petition filed under a new CAP (quota) with start date of Oct 1st? If you already had an H1B petition before and never used all 6 years in that CAP, then a new petition can be filed under that old CAP number and you can request an immediate start date(Don't have to wait until Oct 1st).

Not sure what you mean by Old Cap or New Cap. What is the difference?

[Goal_MBA]

Thanks a ton..appreciate your help .
What is the process to get H4 extension? I don't want to involve my employer into this and ask them to pay for separate H4 extension. As long as I can do this on my own then I am good.

As long as the application to extend the H4 status reaches USCIS before the H4 I-94 expiry date, its all good. You have to make sure that you get a decision on the H1B petition with enough time before the H4 I-94 expiry date, so that you have time to file the H4 extension (just in case of the H1B is denied). You always have the option to upgrade the H1B petition to premium if you don't get the result within a certain period.

[Goal_MBA]

I am hoping that it'll be through old CAP...I'll ask my wife to check.

Is this H1B petition filed under a new CAP (quota) with start date of Oct 1st? If you already had an H1B petition before and never used all 6 years in that CAP, then a new petition can be filed under that old CAP number and you can request an immediate start date(Don't have to wait until Oct 1st).