H1 Extension is in progress but forget to file H4 Extension for spouse.

[simplyanks]

Hi All, 

 

My H1-B is expired on sept 18th 2014 and my employer already filed an H1 Extension on 1st week of sept 2014  with my approved I140 Notice. Now, he forgot to apply H4 Extension for my wife and i already sent the proper documentation to attorney for my wife filling. He missed it.  

 

 

My wife came to US on Jan 2013 with valid H4 Visa that has expired on Sept 18th 2014. Now, my employer said he will sent a request to USCIS that they missed to file H4 Extension for her. He said it may have 80% chance that they will approve. if we get a response from USCIS within 180 Days then she dont require to go for Visa Stamping with Approved H1 Petition. Otherwise, she has to leave a country within 180 Days. Also, he put my case into Premium processing to get my H1 approved soon.  

 

My employer proposed 3 conditions:

 

1. Go to Canada for Visa stamping once H1 is approved. (Me & my wife together).

2. wait for 180 days (supposed to start from expired date sept 18 - mar 18)and then she has to leave a country for Visa stamping (which is feasible as our baby due date is Jan 30 2015).

3. My wife can go to canada alone after H1 Approval for Visa stamping. 

 

I am so worried as my wife is 24 weeks pregnant. Please advice what should be done so far. 

[jairichi]

Your attorney has given you options. If your spouse's I797 does not have an I94 she has to exit and enter US with a valid H4 visa and a copy of your I797. Choose one that is comfortable for both of you.

[simplyanks]

Thanks for your reply.

My H1 Extension is in progress and is under premium process. I am waiting for my approval.