Visa Status

[rahulagarwaljhs]

I’d like to discuss one situation - currently My wife is on H4 visa (my dependent), and my H1B visa is expiring on 30-Aug-2011, for which my company has filed my H1B visa extension on 16-Aug-2011 and also my wife H4 visa as dependent.

Now the question is since on 24-Aug-2011, my Wife H1B visa got approved, and in few months time again my Wife H4 visa will get approved. I’m not sure which visa status will apply in this case.

Please suggest what happen in such cases.

[shervin143]

The status will change to whichever petition that becomes effective last. Search and read about the last action rule.

[kabkaba]

This is a complicated matter. To add to the above, the result depends on whether H1 was approved as change of status or not, what the H1 effective date is etc.
If H1 effective date is for example Oct 1 and if it is filed as change of status (new I-94 with approval), your spouse should send a letter to USCIS quoting H4 extension receipt number and attaching copy of H1 approval, requesting that H4 status should only be extended until Sep 30 and not later. This may or may not work.
If H1 is approved as change of status, spouse must start working from H1 effective date, but if H4 extension is approved later, she must stop working and file for H1 change of status again.