H1 pending and H4 to be expired(do i need to extend H4?)

[nivas2010]

Hi,

my wife's current active status is H4.

Her H1 is pending(applied in April 2015) and her H4 is going to be expired in Aug 2015.

 

The attorney says, i need not to apply for H4 extension, because H4 will be valid as long as my H1 is valid.

 

But my H1 was recently extended till 2018, but H4 was not.

 

 

Please let me know if i need to apply for H4 extension before Aug 2015 or just wait for H1 to be approved even beyond Aug 2015.

 

 

Thanks,

Nivas.

 

[jairichi]

Not required before August 2015 if H1B petition is pending for approval.

[nivas2010]

Thanks Jai.

But we are not sure if the approval comes before Aug 2015. my question is, do we need to apply for H4 extension if H1 approval does not come by the time H4 expires?

 

Please advise.

[jairichi]

Thanks Jai.

But we are not sure if the approval comes before Aug 2015. my question is, do we need to apply for H4 extension if H1 approval does not come by the time H4 expires?

 

Please advise.

I answered your question earlier. If H1B is pending for approval beyond August 2015 there is no need to file for H4 extension as she will be considered to be on valid status due to her pending H1B petition. To be on safer side she can file an EOS petition before her H4 expiry and once H1B petition is approved request for withdrawal of H4 EOS petition in the last week of September.