H1 Extension Issue

[rags125ny]

Hi

My H1B visa expires on 29Sep2011, My wife is going for H4 Stamping in Aug.
Now i havent applied for H1B Extension yet.

Can i apply now for extension irrespective of my wife stamping.? or i need to wait for her to get stamp.?

coz as i know when my h1b is in extesion process my dependents should not travel is that true?

By any chance if i delay applying for extension till Aug.

what is minimum days before i need to apply for extension.?

Thank you.

[kabkaba]

Your wife can apply now, but she will get her Visa only till Sep 29. If she applies after extension is approved her Visa validity will be longer based on the new petition. The choice is up to you.

It does not matter when the petition is filed by your employer. Your wife will need to use your latest approval notice (new or old) to travel to the US and her I-94 will be according to whichever one she uses.

Your employer must file the petition before your I-94 expires (USCIS receipt date must be before I-94 date) in order for you to continuously stay and work in the US. If your wife's I-94 is also expiring on Sep 29 (if she has traveled before the new petition got approved) then she will also need to file I-539 to extend her I-94 along with your employer's petition.