H1 & H4 question

[gkarthik21]

me and my wife both are current in US and our respective h1 and h1 are going to expire in two month. we are going to apply for a ext..but i have some doubts

1. how long it takes to get the ext approved.

2. we applied before the I 94 expiry date but if it is not approved after the date can we still stay in the US or we have to go back.

3. if the extension gets approved do we need to imdtly go the india for stamping or whenever we want.

4. can i apply h4 for my wife once i go to india..because i heard that if i am not applying she cant stay after the 194 date is that true..

please clarifu

[shervin143]

1. how long it takes to get the ext approved.
>>> 2-3 months.

2. we applied before the I 94 expiry date but if it is not approved after the date can we still stay in the US or we have to go back.
>>> You can stay and work in U.S until you get the decision. However, if the petition gets rejected, then the time spend in U.S after the current I-94 expiry date will be treated as illegal stay. So it is advisable to file the extension as early as possible. USCIS alows you to file the extension 6 months before the I-94 expiry date.

3. if the extension gets approved do we need to imdtly go the india for stamping or whenever we want.
>>> Not required. Visa is just an entry document to U.S. Your extension will come with new I-94 which will allow you to stay in U.S. You will need the visa only if you go out of U.s and want to reenter.

4. can i apply h4 for my wife once i go to india..because i heard that if i am not applying she cant stay after the 194 date is that true..
>>> When you are in U.S, you need a valid I-94 to stay in the country. So when you file the H1B extension, you need to file the H4 extension also. When approved, both the petitions will come with new I-94 which will allow yo to stay in the country. You can stay in U.S without a valid visa, but not without a valid I-94.

[gkarthik21]

thanks a lot

thanks a lot you perfectly answered it.