H1 and H4 simultaneously

[ggibin]

Hi

I'm on H1b and it expires in Jan.
So my company is filing for my extension along wiht my wife's H4.

Now i got a someone who would help my wife to file for a H1.
Can i file both H1 and H4 simultaneously for my wife.

Please let me know... if i can have both H1 and h4 filed together..

Thanks in advance

[shervin143]

You can. But her status will change as per the last received I-94. If H1B becomes effective after the H4, then she is in H1B status and should be working for the H1B sponsor. If H4 gets effective after H1B, she will be in H4 status and she cannot work unless a COS to H1B is filed again and it gets approved with a new I-94 or leaving the country and returning back in H1B visa. Search and read about the last action rule.

[ggibin]

Thanks for the reply.

Now since i'm applying for her H1 with a sponsor. I'll not apply for her H4 then
Since i'm doing her h1 in premium.
No by chance if she gets a RFE and it gets stuck... will she be able to live in US or does she have to go back to india

[shervin143]

As long as the H1B petition is filed before her current I-94 expires (The documents should reach USCIS before the I-94 expoiry date), she can continue to stay in U.S until the decision is madeon her case (up to 240 days). However, if the petitionis declined, then any time spend in U.S after her I-94 expiry date will be considered as illegal stay. When a person has accumulated illegal stay, chnage of status to H4 or any other status is not possible. So it is advisble to file the H1B is premium. If it gets approved, then all good. If not, you will still have time to file the H4 extension since the her I-94 will expire only in the month of January.

Alternatively, file the H1B in normal processing and in case of rejection, prepare to leave the country immediately and return back in H4 visa and your extended H1B petition.

Thanks for the reply.

Now since i'm applying for her H1 with a sponsor. I'll not apply for her H4 then
Since i'm doing her h1 in premium.
No by chance if she gets a RFE and it gets stuck... will she be able to live in US or does she have to go back to india