H1 pending and H4 about to expire

[su32597]

Hello everyone,

My wife (H1) and I (H4) had an approved i797 from company A until July 7, 2019. When she moved to company B, her new employer only applied for her H1 and did not include my extension along with it. However, the company A has revoked the i797 few months ago which was confirmed when logged into USCIS website case status.

 

1) Can I(/her employer B) apply for H4 extension while her H1 is still pending?

2) As the company A has revoked her H1, is my i797/i94 still valid?

3) Any suggestion on my next course of action in this situation?

 

Thanks,

Shiva

[pontevecchio]

1. You can apply for EOS based on her pending AOS. She may like to request them to have their lawyer file or you can file yourself.

2. You remain in valid H1 status as long as you have an I94 and your spouse is in valid H1 status with any employer.

3. Apply for EOS before July 7.