H4 during H1 extension


gveenith

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Hello,

My H1B visa end date is May 10 2017 and my employer has filed for extension in normal process on April 4th 2017. I have approved I140.

My wife is in India and i am trying to get her to US. She has a stamped H1B petition and currently working for an employer in India. What are the options i have to get her here:

1. Any possibility to file and get her H4 stamping done based on H1 extension receipt or approvevd I140 ?  

2. Apply H4 based on my previous valid petition which is till May 10 and get her H4 approved till May 10 and get her to USon or before May9 ? 

2. Applying tourist visa and once she gets here convert to H4 ?

3. or wait till her employer send her to US and then apply change of status to H4 ?

Any other suggestion will help.

Thanks !

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On 4/8/2017 at 11:39 AM, gveenith said:

2. Apply H4 based on my previous valid petition which is till May 10 and get her H4 approved till May 10 and get her to USon or before May9 ? 

2) is better option, but do not ask her to fly near "may", as you will have to apply for extension once she is in US.

 

On 4/8/2017 at 11:39 AM, gveenith said:

3. or wait till her employer send her to US and then apply change of status to H4 ?

3) why would you do that? she will have to stop working, once H4 is thr, so this is not a good option.

 

1) she can;t use under processing application as basis of H4, and I140 is of no use. 

Also, when she will be going for H4, she will have to submit documents from her employer for extended leave, or will she not be working anymore? if thats the case, then they may cancel her H1b-visa.

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