H4-H1 VISA issue

[sreevats.ns@gmail.com]

Hi,

my wife will be H4 VISA and will be valid till end of September2014 (even my H1B). I will be applying her H1 on Apr 2014. I will also applying the H4 extension for her if she hasnt got any decision for her H1.

 

My Questionis is :

If I apply her H4 extension on Sep and she gets her H1 approved on OCt and then if her H4 extension got approved on Novemebr or sometime after her H1B is approved will her H1 VISA be void or H4 VISA be void?

What do we need to do inorder for her to stay on her H1 and not H4?

 

Thnx in advance.

[jairichi]

Hi,

my wife will be H4 VISA and will be valid till end of September2014 (even my H1B). I will be applying her H1 on Apr 2014. I will also applying the H4 extension for her if she hasnt got any decision for her H1.

 

My Questionis is :

If I apply her H4 extension on Sep and she gets her H1 approved on OCt and then if her H4 extension got approved on Novemebr or sometime after her H1B is approved will her H1 VISA be void or H4 VISA be void?

What do we need to do inorder for her to stay on her H1 and not H4?

 

Thnx in advance.

You do not file your spouse's H1B her employer does.

If employer files her H1B in premium processing in April 2014 she would get a decision in 15 calendar days and based on that you could decide whether you need to file H4 extension for her or not.

[sreevats.ns@gmail.com]

@Jairichi - Thanks for your response. In this situation My wife's H4 extension and H1 will be processed simultaneously. So I actually wanted to know what my wife's VISA status will be if the H1 gets approved first and then the H4 extension gets approved after that. Will her H1 VISA be void??

[jairichi]

@Jairichi - Thanks for your response. In this situation My wife's H4 extension and H1 will be processed simultaneously. So I actually wanted to know what my wife's VISA status will be if the H1 gets approved first and then the H4 extension gets approved after that. Will her H1 VISA be void??

If H4 gets approved after H1B approval then according to last action rule she will be on H4 status. To move to H1B again either her employer has to file for COS from H4 to H1B or she needs to exit and enter US with H1B visa.