H4 initiation while H1B extension in progress

[ameymary]

Hello,

Both me and my wife were in US till April last year on H1Bs and returned to India in May last year. Her H1B expired in September last year and her employer filed for H1B extension in August last year (from India). The application is still in "The case was received" status. My H1B is still valid for a few more years.

Now, I got an opportunity to travel back to US and my wife is planning to quit her job, take H4 and accompany me.

1) Do we need to withdraw my wife’s existing H1B extension before applying H4 stamping for my wife?

2) Is there any risk in initiating the H4 stamping while H1B extension is in progress?

3) Or should we wait for the current H1B extension and then initiate her H4 after that (Which will take too much time).

Note: I have an approved i-140 and extended H1B based on that. So her ultimate plan is to take H4 EAD and find an employer in US in future.

Thanks

[shekar11#]

On 1/24/2017 at 3:19 AM, ameymary said:

Hello,

Both me and my wife were in US till April last year on H1Bs and returned to India in May last year. Her H1B expired in September last year and her employer filed for H1B extension in August last year (from India). The application is still in "The case was received" status. My H1B is still valid for a few more years.

Now, I got an opportunity to travel back to US and my wife is planning to quit her job, take H4 and accompany me.

1) Do we need to withdraw my wife’s existing H1B extension before applying H4 stamping for my wife?

2) Is there any risk in initiating the H4 stamping while H1B extension is in progress?

3) Or should we wait for the current H1B extension and then initiate her H4 after that (Which will take too much time).

Note: I have an approved i-140 and extended H1B based on that. So her ultimate plan is to take H4 EAD and find an employer in US in future.

Thanks

Best option is to wait for H-1 extension and then initiate the H-4.

If it is getting too late then you need to withdraw the H-1 application and then go for H-4.

Because if she goes for H-4 now and then she enters US on H-4 and after that her H-1 gets approved, she will be in H-1 status and you have to apply again for change of status to get her back on H-4.

Try to upgrade your wife's H-1 application to premium, once approved, then she can go for H-4 stamping. I know it costs you money but you will avoid lots of confusion and tension.

[ameymary]

Thanks. Fortunately, we got the H1-B approval soon after posting this and then started with H4. Wanted to update here for others.