H1B / H4 Extension & H4 I-94 Expiration

[pm87]

Hello all

My H1-B extension is coming up and I am unsure of how to coordinate my wife's H4 extension in the best possible way for continuing status.

My H1-B and I-94 expire on May 1st 2020. Her H4 expires on the same date as my H1-B but her I-94 expires on March 2nd, 2020. She also has an EAD that expires on the same date in March.  

Does my H1-B extension automatically extends her H4 or separate extensions need to be filed? What  does it mean if my H1-B extends but her H-4 doesn't?

Also, how many days prior to expiration, can my company file for my H1-B extension? 

Please guide.

Thanks and Regards

PM

[shekar11#]

22 hours ago, pm87 said:

Hello all

My H1-B extension is coming up and I am unsure of how to coordinate my wife's H4 extension in the best possible way for continuing status.

My H1-B and I-94 expire on May 1st 2020. Her H4 expires on the same date as my H1-B but her I-94 expires on March 2nd, 2020. She also has an EAD that expires on the same date in March.  

Does my H1-B extension automatically extends her H4 or separate extensions need to be filed? What  does it mean if my H1-B extends but her H-4 doesn't?

Also, how many days prior to expiration, can my company file for my H1-B extension? 

Please guide.

Thanks and Regards

PM

Does my H1-B extension automatically extends her H4 or separate extensions need to be filed?

You need to file for your H-1 extension,  her H-4 extension and H4 EAD extension.

What  does it mean if my H1-B extends but her H-4 doesn't?

Why do you think her H-4 will not be extended.

Also, how many days prior to expiration, can my company file for my H1-B extension? 

180 days before.

[pm87]

On 9/20/2019 at 12:04 PM, shekar11# said:

"Why do you think her H-4 will not be extended."

Hello Shekhar

Thanks for your reply.

I should clarify what I meant by "H4 not getting extended". We have plans to go to India, after filing for these extensions, that would be very hard to change. What I meant what if her H4 doesn't get extended in time for that, as it would not be in premium. 

So,

1) If H4 extension and EAD are filed together and H4 is extended before EAD, would we be notified separately? I need to clarify this as we would like to plan international travel, once we have H4 extension, even without EAD.

 

2) When the EAD extension is pending, if the applicant travels outside USA, does it negatively affect the application process? Also, in this scenario, does it matter if the H4 visa has been extended or not by then (because we both would get our visas stamped per the new I-797) ?

 

Thanks for your help

PM

[shekar11#]

22 hours ago, pm87 said:

Hello Shekhar

Thanks for your reply.

I should clarify what I meant by "H4 not getting extended". We have plans to go to India, after filing for these extensions, that would be very hard to change. What I meant what if her H4 doesn't get extended in time for that, as it would not be in premium. 

So,

1) If H4 extension and EAD are filed together and H4 is extended before EAD, would we be notified separately? I need to clarify this as we would like to plan international travel, once we have H4 extension, even without EAD.

 

2) When the EAD extension is pending, if the applicant travels outside USA, does it negatively affect the application process? Also, in this scenario, does it matter if the H4 visa has been extended or not by then (because we both would get our visas stamped per the new I-797) ?

 

Thanks for your help

PM

1) Even if the H-4 extension is in process and does not get extended before your travel, your wife can go for visa stampng based on your H-1 extension approval and come back into US without issues.

2) May be sometimes. They might issue a RFE asking you to send your visa stamp copy since you traveled out of country when application was pending.

Best suggestion is if you have travel plans before March 2020 then do not apply for H-4 or H-4 EAD. Only apply your H-1 in premium and your wife can travel and come back into the country with US visa stamp.